zoning regulations for the former extra

ZONING REGULATIONS FOR THE FORMER
EXTRA-TERRITORIAL ZONE
LUNA COUNTY, NEW MEXICO
CHAPTER 1
PURPOSE
Section 1.1. Purpose
This ordinance is for the purpose of keeping all zoning regulations of the Deming-Luna
County Extra-Territorial Zone, as they existed on June 14, 2014 in full force and effect
within the geographical area described in Section 1.3 following Luna County’s withdrawal
from the Extra-Territorial Zone.
This ordinance is for the further purpose of ensuring and improving the quality of life of the
residents within the Luna County portion of the former Extra-Territorial Zone and Luna
County as a whole; to promote health and general welfare; to secure safety from fire, panic
and other dangers; to provide adequate light and air; to provide for the orderly expansion of
utility services and automotive movement corridors; to avoid undue population congestion;
and to provide planned space for adequate recreation, schools and other public facilities.
The goal of this ordinance is to allow maximum freedom of land use by private landowners,
while preserving the rights of others.
Section 1.2. Short Title
The provisions of this ordinance shall be cited as the Zoning Regulations for the Former
Extra-Territorial Zone.
Section 1.3. Scope of Regulations
(a) Jurisdictional limits defined
This ordinance shall only apply to zoning activities within Luna County in what was
known as the Deming-Luna County Extra-Territorial Zone (“ETZ”), as it existed on
June 14, 2014. This ordinance does not apply to any area of the ETZ within one
mile from any part of the Deming city limit. Further, this ordinance does not
constitute comprehensive zoning regulations for the entirety of Luna County; it does
not govern any portion of Luna County beyond three miles as measured from the
Deming City limit.
(b) Jurisdiction of the City of Deming recognized
Luna County recognizes the City of Deming’s jurisdiction to regulate zoning within
one mile of its corporate limits in Luna County pursuant to Section 3-21-2, NMSA.
Luna County shall not exercise any zoning authority within that area.
It is the intent of this section to recognize that the ETZ’s boundaries have not changed
since its original enactment. Portions of the ETZ, therefore, exist entirely within what is
now the City of Deming’s corporate limits as the City has grown and annexed territory.
Consistent with Section 3-21-2, NMSA, this ordinance has no applicability to zoning inside
the city limits and any area in Luna County within one mile therefrom.
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Section 1.4. Authority
This ordinance is enacted pursuant to the authority set forth in Section 3-21-2(A), NMSA.
Section 1.5. Severability
If any chapter, section, paragraph, sentence, phrase, or portion hereof is declared
unconstitutional or invalid, the remaining portions shall not be affected.
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CHAPTER 2
DEFINITIONS
Section 2.1 General Rules
A. The word shall is mandatory and the word may is permissive.
B. When not inconsistent with the context, the present tense includes the future
tense, the singular number includes the plural, and the plural number includes
the singular.
C. All words and terms shall be interpreted according to their common usage
unless otherwise defined.
Section 2.2 Definitions
For the purposes of this title, certain words and terms are hereby defined:
A. Whenever used in this title, the following words shall have the meaning herein
ascribed:
Accessory Building. A building on the same lot with, and of a nature customarily
incidental and subordinate to, the principal building. An accessory building attached to
the main building shall be considered to be a part of the main building and shall be
subject to all applicable regulations.
Accessory Use. A use on the same lot with, and of a nature customarily incidental and
subordinate to the principal use.
Acre. An area comprising a standard acre, i.e. 43,560 square feet.
Addition. An extension or increase in floor area or height of a building or structure.
Administering Authority. “Administering Authority” refers to Luna County, New Mexico as
the governing authority of these regulations.
Agriculture. An agricultural use or activity requires a tract in active, current use for the
production of farm crops for sale and profit, including vegetables, fruit, cotton, grain, and
other crops and the processing of crops to the generally recognizable minimum level of
marketability and storage thereof on the premises; the open range grazing of livestock
or irrigated pasture for grazing livestock; animal and poultry husbandry, dairy operations,
floriculture and horticulture; and, accessory uses customarily incidental to agricultural
activities. Provided further that agriculture does not include commercial pen feeding of
swine or other animals, commercial slaughter houses, meatpacking plants, fertilizer
yards, or other similar animal related uses.
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Alley.
A public thoroughfare, which affords only a secondary means of access to
abutting property.
Alter, Alteration. Any change, addition, enlargement or modification in construction or
occupancy of a building or structure.
Amendment. A change in the wording context, or substance of these regulations, an
addition or deletion or a change in the zoning district boundaries or classifications upon
the official zoning map, which imposes any regulation not heretofore imposed or removes
or modifies any such regulation theretofore imposed.
Apartment House. See Dwelling, Multiple.
Archaeological Site. A geographical location where there exists material evidence of
repeated or patterned human activities. Such sites have the potential, through the
application of appropriate archaeological methods, techniques and analyses, of yielding
information important to understanding the prehistory, culture, or lifestyles of a particular
region or group of inhabitants in New Mexico.
Area of Jurisdiction. “Area of Jurisdiction” refers to that part of Luna County described in
Section 1.3.
Auction House. A building and appurtenant lands, or a property, where antiques, and/or
objects of art, furniture, equipment, and other goods are offered for sale to persons who
bid on the object in competition with one another.
Authority. “Authority” refers to the Board of County Commissioners of Luna County.
Basement. A portion of a building having part, but not more than one-half, of its height
below grade. A basement is counted as a story for the purpose of height regulations if
subdivided and used for a use permitted on the premises in the specific zone district in
which the premises is located.
Boarding House. A building other than a hotel where, for compensation and by
prearrangement for definite periods, meals, or lodging and meals, are provided for three
(3) or more persons, but not exceeding twenty (20) persons at any one time.
Building. Any structure for the shelter, support or enclosure of persons, animals,
chattels or property of any kind; and when separated by dividing walls without openings,
each portion of said building, so separated, shall be deemed a separate building.
Building Height. Vertical distance from the grade to the highest point of the coping of a
flat roof or to the deck line of a mansard roof or to the average height of the highest
cable of a pitch or hip roof.
Cellar. A story having more than one-half (1/2) of its height below grade. Also, see
'Basement'.
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Cemetery. Means a place dedicated to and used and intended to be used for the
permanent interment of human remains.
Cluster Development. A land development technique that concentrates residential lots
and buildings on a portion of the available land, rather than spreading such lots and
buildings evenly over the available land as is customary in conventional subdivisions, in
order to minimize development impacts and to preserve desirable terrain features,
sensitive ecological areas or areas of historical significance, or simply to create more
open space for the development.
Code Enforcement Officer. “Code Enforcement Officer” refers to a Code Enforcement
Officer duly employed and/or appointed by Luna County.
Commercial. Any use, occupation, employment, or enterprise, other than residential,
public or institutional, carried out by the owner, lessee, or licensee of a building or
structure.
Commercial Office. Means a building or part thereof where professional, administrative,
or clerical services are performed, including banks and other financial institutions; any
government agency, newspaper or magazine publisher, a radio or television broadcasting
station and related studios, or any commercial retail use, or any manufacturing, repair,
assembly or storage of goods, wares or merchandise.
Commercial Retail. Means the use of any land or building for the purpose of selling
and/or leasing commodities, wares, goods, or merchandise directly to the consumer, but
shall not include warehousing, wholesaling, manufacturing or assembly of commodities,
wares, goods or merchandise that is not wholly accessory to the principal commercial
retail use.
Commercial Service. M e a n s any of a wide variety of personal, repair and commercial
services, such as barber shops, hairdressers, dry cleaning establishments, shoe repair,
banks and other financial institutions, dance or music studio, art school, computer
training facilities. Commercial service uses may include office uses or retail uses clearly
incidental and secondary to the principal commercial service use. The amount of floor
area devoted to the incidental uses shall not exceed twenty-five (25) percent of the total
floor area used by the commercial service use and all incidental uses.
Commercial Sports or Recreation Establishment. A privately-owned sports or recreation
facility operated for profit and used by private members or the general public.
Commission. “Commission” refers the Luna County Planning Commission.
Community Center. Means a building and its appurtenant land maintained by Luna
County or the City of Deming for community recreation use and includes such activities
as the arts, crafts, physical, social, charitable, and educational activities and offices for
the administration of such activities.
Contiguous. Refers to adjacent parcels sharing a boundary line or separated only by a
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road, right-of-way, or easement.
Crisis Care Facility. Means a supervised temporary residence or half-way house for
persons requiring shelter and assistance for short periods of time and to which such
persons may be referred by a physician, hospital, court or government agency and shall
include but not be limited to a detoxification center or a women's shelter.
Cul-de-Sac. A street with one end open for public vehicular and pedestrian access
and the other end terminating in a vehicular turnaround.
Day Care/Nursery School. An establishment wherein three
normally of pre-school age, not related by blood or fostership to
premises, are, for remuneration, cared for and where some
curriculum may be offered. Such schools must be approved
Mexico Department of Public Health.
(3) or more children,
the family living on the
teaching and learning
by the State of New
Density. The number of dwelling units situated on or to be developed on a parcel of
land per net acre or per gross acre of land.
Development. The use of any land, the carrying out of any building activity, the making
of any material change in the use, or intensity of use, or appearance of any building,
structure, or land, or the dividing of land into lots, blocks, or parcels.
District. Any section of the area zoned by this ordinance, for which the regulations
governing the use of buildings and premises or height and area are uniform.
Dormitory. A room for sleeping; a large room containing numerous beds; a residence
hall providing rooms for individuals or for groups usually without private baths.
Dwelling. Any building or portion thereof which is designed or used exclusively for
residential purposes.
Dwelling. Multiple Family/Apartment. A building or portion thereof that contains three
(3) or more dwelling units, and for purposes of these Regulations, includes residential
condominiums.
Dwelling. Single Family. A building designed for occupancy by one (1) family.
Dwelling. Two-Family. A building designed for occupancy by two (2) families.
Dwelling Unit. A room or group of rooms for the domestic use of one or more individuals
living as a single, independent housekeeping unit, occupied or intended for occupancy
by one household or family with cooking (not more than one kitchen), eating, sleeping,
living, and sanitary facilities.
Easement. A right granted to use certain land for a special purpose not inconsistent
with the general property rights of the owner.
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Egress. A doorway, hallway, corridor, exterior passageway or balcony, lobby, stair,
ramp, or other facility or combination thereof, provided for the unobstructed passage or
the unobstructed escape of persons from a building, dwelling unit, room or contained
open space, to a public street, lane, yard or other open space protected from fire
exposure from the building at grade level. Egress includes exits and access to exits as
defined by the International Building Code or the New Mexico Building Code.
Erosion. The detachment and movement of soil particles or fragments by water, wind,
ice, and/or gravity.
Erosion Control Structure. Any man-made device designed to prevent or control
erosion.
ETZ. “ETZ” refers to the Deming-Luna County Extra-Territorial Zone as it existed on
June 14, 2014.
Family.
One (1) or more persons occupying a premises and living as a single
housekeeping unit as distinguished from a group occupying a boarding house, lodging
house, or hotel, as herein defined.
Farmers' Market. A building, a part of a building, and/or an open area where agricultural
produce is offered or temporarily stored for retail sale on the site by more than one
vendor.
Feedlot. A feeding operation on a parcel of land where livestock are kept or exchanged
in corrals or yards on a sustained basis. It is operated for the purpose of accommodating
the needs of others in whole or in part for a fee or fees paid to the operator or owner
for the accommodations, materials, and services received.
FEMA. The Federal Emergency Management Agency.
Fence or Wall. Any structure used to enclose all or part of a property for the purpose of
security, privacy or aesthetics. For purposes of this definition the use of old metals, poor
quality building materials, and any materials such as wood boxes, crates or pallets and
used tires is prohibited.
Fence. Sight-Obscuring. A fence having a height of at least six (6) feet above grade,
which permits vision through not more than ten percent (10%) of each square foot of the
fence.
a. Residential zones applicable minimum 6'
b. Commercial zones applicable minimum 8'
Fertilizer Plant. A place where animal or other matter to be used or made into fertilizer
is collected, processed or stored on a commercial basis.
Filling Station. Any building or premises used principally for the storing, dispensing,
sale, or offering for sale, at retail, of automotive fuels, fluids, oils, and/or lubricants.
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Flood Control. The measures necessary or taken to protect the public's health, safety
or welfare from the effects of flooding.
Flood Fringe. The area between the floodway and the 100-year floodplain boundaries.
Flood Hazard Boundary Map. An official map issued by the Federal Emergency
Management Agency where the areas within special flood hazards are designated.
Floodplain. Any land area susceptible to being inundated by water from a 100-year
storm as designated on the National Flood Insurance Map prepared by the Federal
Emergency Measures Administration for Luna County.
Flood Prone Area. An area where a temporary condition of partial or complete
inundation of normally dry land results from the unusual and rapid accumulation or
runoff of surface waters.
Floodway. The channel of a river or other water course and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
Floor Area. The sum of the gross horizontal areas of every floor of all buildings on the
lot measured from the exterior faces of the exterior walls or from the center line of walls
separating the buildings, including basement floor area, elevator shaft and stairwells at
each floor, floor space used for mechanical equipment, penthouse, interior balconies
and mezzanines, and roofed porches, but not including any space devoted to
parking, or to loading and unloading.
Floor Area Ratio (FAR). A measure of intensity of use of a site; the ratio between
the maximum allowable amount of floor space on all floors of a building or structure
and the total area of the site or lot on which the building or structure is located.
Floriculture. The cultivation and management of ornamental and flowering plants,
either for commercial purposes or personal use.
Fractional Numbers. In determining the requirements of this ordinance, whenever
a fraction of a number or unit is one-half or more, said fraction shall be considered as
the next higher whole number or unit. Where the fraction is less than one-half, said
fraction shall not be considered in determining the number unless the number is less
than one.
Frontage. Property on one (1) side of a street measured along the line of the street.
Garage. Private. An accessory building designed or used for the storage of not more
than three (3) motor-driven vehicles owned and used by the occupants of the building
to which it is accessory. Not more than one (1) of the vehicles may be a commercial
motor vehicle of not more than two (2) tons capacity.
Garage. Public. A building, or portion thereof, other than a private or storage garage
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designed or used for servicing, repairing, equipping, hiring, selling or storing motordriven vehicles.
Garage. Storage. A building or portion thereof designed or used exclusively for
housing four (4) or more motor-driven vehicles.
Grade.
a. For buildings having walls adjoining one (1) street only, the elevation of the
sidewalk at the center of the wall adjoining the street.
b. For buildings having walls adjoining more than one (1) street, the average
of the elevation of the s i d e w a l k at the center of all walls adjoining the streets.
c. For buildings having no wall edging the street, the average level for the
finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5) feet from a
street line is to be considered as adjoining the street.
Grazing. The feeding of domestic livestock on an open range or fenced pasture for
commercial purposes and uses customarily incidental thereto, but not including
commercial slaughterhouses, stockyards or feedlots.
Ground Cover. Plants grown for their low spreading capabilities for the protection of
soils, to prevent growth of weeds, and for aesthetic purposes.
Ground Water. Underground, interstitial water that occurs in saturated earth material
and is capable of entering a well in sufficient amounts to be used as a water supply.
Habitable. As applied to any form of housing, such as manufactured homes, site built
homes, or mobile homes, means that there are no known defects, damage or
deterioration to the home which creates a dangerous or unsafe situation or condition.
All plumbing, heating and electrical systems are in safe working order and there are no
applicable code or ordinance violations.
Home Occupation. Any occupation or profession carried on by a member of a family
residing on the premises, in connection with which there is used no sign other than one
(1) non-illuminated name plate attached to the building entrance which is not more than
one (1) square foot in area; provided that no commodity may be sold upon the premises,
except that which is prepared upon the premises; provided that no person is employed
other than a member of the immediate family residing on the premises; provided that no
mechanical equipment is installed or used except such that is normally used for domestic
or household purposes.
Horticulture. The science and art of growing fruits, vegetables, flowers, shrubs, trees, or
ornamental plants either for personal use or commercial purposes.
Hotel. A building used as an abiding place of more than twenty (20) persons, who are
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lodged with or without meals for compensation.
Household. An individual or two (2) or more persons related by blood, marriage, or
adoption and usual servants, living together as a single housekeeping unit in a dwelling
unit; or a group of not more than five (5) persons, who need not be related, living
together as a single housekeeping unit in a dwelling unit.
Immediate Family Member. Husband, wife, father, stepfather, mother, stepmother,
brother, stepbrother,
sister, stepsister, son, stepson, daughter, stepdaughter,
grandmother, grandfather, grandson, step grandson, granddaughter, step granddaughter,
aunt, uncle, nephew, and niece, whether related by natural birth or adoption.
Infrastructure. Includes, but i s not limited to such matters as roads, curbs, gutters,
sidewalks, fire hydrants, storm drainage facilities, pedestrian and bike paths, trails,
equestrian paths, water, sewer, electric, telephone, cable and gas systems, street lights,
driveways, septic or aerobic disposal systems.
Industrial. A company engaged in industrial production or service.
Ingress. The action or liberty of entrance or access. Entry.
Institution. A building occupied by a nonprofit corporation or nonprofit establishment for
public use.
Interior Court.
building.
An open space that is more than one-half surrounded by a single
Junkyard/Salvage Yard. A place where scrap, waste, discarded or salvaged materials
are bought, sold, exchanged, baled, packed, disassembled, handled or stored, including
auto graveyards and yards for the storage of salvaged construction materials, and
structural steel materials and equipment.
Landscaping. The combination of elements such as
and other organic material for the express purpose of
or protective, environment.
Plazas, patios, art,
walkways, decorative lighting and decorative furniture
elements.
trees, shrubs, ground covers, vines
creating an attractive and pleasing,
decorative courtyards, decorative
may also be considered landscape
Lodging House. A building where lodging only is provided for compensation to three (3)
or more, but not exceeding twenty (20) persons, in contradistinction to hotels open to
transients.
Lot. A parcel of land occupied or intended for occupancy by one (1) main building
together with its accessory buildings, and uses customarily incidental to it, including the
open spaces required by this ordinance.
Lot Area. The total horizontal area within the boundaries of a lot or parcel of land.
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Lot. Corner. A lot located on the intersection of two (2) or more streets. A lot abutting
on a curved street or streets shall be considered a corner lot if straight lines drawn from
the foremost points of the side lot lines to the foremost point of the lot meet at an interior
angle of less than one hundred thirty-five (135) degrees.
Lot Coverage. The percentage of the area of a lot which is occupied by all buildings or
other covered structures.
Lot Depth.
lines.
The median horizontal distance between the front and the rear lot
Lot. Double Frontage or Through Lot. A lot having a frontage on two (2) nonintersecting
streets as distinguished from a corner lot.
Lot. Interior. A lot other than a corner lot with only one (1) frontage on a street other
than an alley.
Lot. Key. A lot adjacent to a corner lot having its side lot line in common with the rear
lot line of the corner lot and facing on the street, which forms the side boundary of the
corner lot.
Lot Lines. The lines bounding a lot.
Lot Lines. Front. The boundary of a lot, which separates the lot from the street. For the
purpose of determining yard requirements on corner and through lots, all lot lines
separating the lot from streets shall be considered front lot lines.
Lot Line. Rear. The boundary of a lot which is most distant from, and is, or is most
nearly, parallel to the front lot line; except that in the absence of a rear lot line, as is the
case of the triangular-shaped lot, the rear lot line may be considered as a line within the
lot, parallel to and at a maximum distance from the front lot line, having a length of not
less than ten (10) feet.
Lot Line. Side. The boundary of a lot, which is not a front lot line or a rear lot line.
Lot of Record. A lot which is a part of a subdivision, the plat of which has been
recorded in the office of the Luna County Clerk; or a lot, parcel or tract of land described
by metes and bounds, the deed of which has been recorded in the office of the Luna
County Clerk.
Lot Width. The distance between side lot lines measured across the rear of the
required front yard, parallel to the street or street chord.
Lot. Zoning. A single parcel of land, of one (1) or more lots of record, designated by its
owner as a tract to be used, developed, or built upon as a unit, under single ownership
or control, meeting all of the requirements for area, width, yards, setbacks, and any
other requirements set forth in this ordinance.
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Maintained. The repair, reconstruction, refinishing, or replacement of any part or parts of
a building or structure or property. Maintained shall also include the grooming of
yards.
Manufactured Home. A moveable or portable housing structure over 32 feet in length or
over eight feet in width constructed to be towed on its own chassis and designed to be
installed with or without a permanent foundation for human occupancy as a residence
and which may include one or more components that can be retracted for towing
purposes and subsequently expanded for additional capacity or may be two or more
units separately towable but designed to be joined into one integral unit, as well as a
single unit. "Manufactured Home" does not include recreational vehicles or modular or
pre-manufactured homes built to UBC standards, designed to be permanently affixed to
real property. "Manufactured Home" includes any movable or portable housing structure
over twelve feet in width and forty feet in length, which is used for non-residential
purposes.
Manufactured Home. Multi-Section. A manufactured home or modular home that is a
single-family dwelling with a heated area of at least thirty-six by twenty-four feet and at
least eight hundred sixty-four square feet, constructed in a factory to the standards of
the United States Department of Housing and Urban Development, the National
Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing
and Urban Development zone Code 2 or the Uniform Building Code, as amended to the
date of the unit's construction, and installed consistent with the Manufactured Housing
Act and with the rules made pursuant thereto relating to permanent foundations.
Manufactured Home Park. A lot, block or parcel of land, or a site, at least five (5) acres
in area operated either under a condominium arrangement or fee simple arrangement,
or where lots are rented for long periods of time, usually the lifetime of the dwelling, and
which may contain community water and community liquid waste disposal facilities,
solid waste pick-up and disposal and communal recreation facilities.
Manufactured Home. Single-Wide. A manufactured home, as defined in this ordinance,
that is no greater than fourteen (14) feet in width and consisting of a complete dwelling
unit in one, and only one, transportable section.
Metallurgical Use. A metallurgical use includes the treatment and reduction of metalbearing ores by mechanical, physical or chemical methods on a commercial basis and
uses incidental thereto, but does not include a permanent residential housing or the
fabricating of metals or metal materials.
Mining. The extraction from the earth of gravel, stone, ore, or minerals found in their
natural state and the uses incidental thereto, including the loading for transportation
there from, but does not include permanent residential housing or the operating of a
rock crusher.
Mobile Home. A moveable or portable housing structure larger than forty feet in body
length, eight feet in width or eleven feet in overall height, designed for and occupied by
no more than one family for living and sleeping purposes that is not constructed to the
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standards of the United States Department of Housing and Urban Development, the
National Manufactured Housing Construction and Safety Standards Act of 1974, and
the Housing and Urban Development Zone Code 2 or the International building Code,
as amended to the date of the unit's construction or built to the standards of any
municipal building code.
Mobile Home Park. A parcel of land under single ownership on which three or more
mobile homes or recreational vehicles are occupied as residences, regardless of
whether or not a charge is made for such accommodations.
Mobile Home Space. A plot of ground within a mobile home park or recreational vehicle
park designed for the accommodation of one (1) mobile home or recreational vehicle
together with its accessory structures.
Mobile Home Subdivision. A subdivision designed and intended for sale or lease of lots
for residential occupancy in mobile homes or recreational vehicles.
Modular Home. A standardized factory fabricated transportable building module not
having a chassis or wheels of its own, designed and constructed in accordance with the
International Building Code and intended to be placed on a permanent foundation and
requires a Building Permit for installation.
Motel. A building or group of buildings used as a hotel in which the rooms are
accessible from an outdoor parking area.
Motor Vehicle. Generally, a self-propelled wheeled conveyance such as an automobile
or car, a pick-up truck or passenger van, or larger vehicles such as tractors and trailers
and flatbed trucks that were not initially or originally designed to run on rails.
Motor Vehicle Repair Establishment. Any land or building used for motor vehicle
collision repair service such as body or frame straightening or repair, body or frame
filling or replacement, and motor vehicle painting or for motor vehicle engine repair or
replacement including, but not limited to, major tune-ups, minor running repairs, brake
repairs and transmission repair or replacement. A motor vehicle repair establishment
may include a service station but not the reverse.
Motor Vehicle Sales Lot. Any land and/or buildings where more than one motor vehicle,
recreational vehicle, travel trailer, or boats are stored or displayed for the purposes of
sale or hire, but does not include the storage or display of taxicabs for hire.
Multiple Use Building. A building containing both a dwelling unit or units and a
non-residential use or uses.
Net Acre. The area of a lot, parcel, or site excluding public or private roads and road
widenings, public parks, school sites, and similar public lands, and any privately owned
lands such as easements, rights-of-way, and recreational spaces held in common for
the general benefit and use of the residents of a subdivision or a community.
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Non-Conforming Building. A building, structure, or portion thereof, which does not
conform to the requirements of this ordinance applicable to the zoning district in which
such building is situated, but which legally existed prior to the effective date of this
ordinance.
Non-Conforming Lot. A lot of record or parcel of land having less area, frontage or
dimensions than required by this ordinance for the zoning district in which it is
located,but which was lawfully established and recorded prior to the original
implementation date of this ordinance.
Non-Conforming Use. Legal. A use of a building or parcel of land, which does not
conform to the requirements of this ordinance but which lawfully, existed prior to the
effective date of these regulations.
Notice. The notice of nuisance or non-compliance issued by authorized Code
Enforcement Officer directed to the owner, occupant or tenant of property in Luna
County setting out the violations and the time limits for abatement of the violations
under this ordinance.
Nuisance. Anything offensive to the sensibilities of reasonable persons or any act or
activity creating a hazard which threatens the health and welfare of inhabitants of the
City, or any activity which by its perpetuation can reasonably be said to have a
detrimental effect on the property of a person or persons within the community.
Nursery. Any land, building or structure, or combination thereof, used for the storage of
live trees, shrubs, flowers and other plants offered for retail sale on the premises
including products used for gardening, landscaping, or the care of plant materials. A
nursery does not include any land, building or structure used for the retail sale or
wholesaling of fruits, vegetables or similar produce or Christmas trees.
Occupancy. The purpose that a building or part thereof is used or intended to be used.
Offensive. When used with reference to any use of land or building means a hazardous
use or a use which from its nature, or from the manner of carrying on such use, creates
fumes, dust, objectionable odors, noise, vibration or unsightly storage of goods, wares,
merchandise, salvage, junk, waste or other material, a condition which is, or which may
be, or which may become, hazardous or injurious to health, safety, or which prejudices
the character of the neighborhood, or which interferes with, or may interfere with, the
normal enjoyment of any land or building.
Open Space. Land that is to remain undeveloped as a requirement of this ordinance.
Open space is primarily used to preserve or protect ecologically sensitive lands, terrain
features, or used for recreation purposes. Open space does not include individual lots,
road rights-of-way and required parking areas.
Owner. Any person, agent, firm or corporation having a legal or equitable interest in
property.
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Park Trailer/Park Model. A recreational vehicle or oversized trailer that is designed
primarily to provide temporary living quarters for recreation, camping or seasonal use.
Built on a single chassis mounted on wheels which is more than 8.5 feet wide in travel
model and has a gross trailer area not exceeding 400 square feet in the set-up mode
and is certified by the manufacturer as complying with ANSIA 119.5.
Parking Lot. A parcel of land, other than a street or alley, devoted to motor vehicle
parking spaces.
Parking Space. A surfaced area, enclosed or unenclosed, sufficient in size to store one
(1) motor vehicle such as an automobile, a pick-up truck or a passenger van, together
with a surfaced driveway connecting the parking space with a street or alley and
permitting ingress and egress of a motor vehicle. Some parking spaces may be designed
specifically to accommodate larger vehicles such as recreational vehicles and travel
trailers.
Parking Space. Disabled. A parking space that is a minimum of eight (8) feet in width,
with an adjacent access aisle with a minimum width of five (5) feet with a slope not
exceeding 1:50 (2.0%) in all directions.
Permitted Use.
permitted.
A use specifically permitted or use analogous to those specifically
Person. Means a natural person including any individual, partnership, company,
corporation, firm, association, trust, estate, foundation, state and federal agency,
institution, city, county, town, village, or municipality or other legal entity, however
organized.
Place. An open unoccupied space other than a street or alley permanently reserved as
the principal means of access to adjoining property.
Planned Unit Development. A land development concept that provides greater design
flexibility by allowing deviations from the typical development standards required by the
Zoning ordinance. A planned unit development may be of a single residential type or a
combination of residential types; or it may be a diverse mix of residential, commercial
and recreational uses all contained in one development and/or subdivision. A planned
unit development views the entire tract of land rather than each individual lot to take
advantage of design and other opportunities such as land features or vegetation to
create more attractive and creative projects than would otherwise be possible under
standard zoning regulations.
Planning Director. “Planning Director” refers to the employee in charge of the Luna
County Planning Office.
Prohibited Use. A use not specifically permitted by this ordinance.
Property. “Property” refers to any area, plot, or parcel of land within the geographical area
described in Section 1.3, which is under a common ownership or is separately identified
15
for assessment by the Luna County Assessor's Office. Property shall include land under
the ownership of the United States, the State of New Mexico, or any local government or
school district entity.
Property Owner. The person who is the recorded owner of any property according to
the records contained in the Luna County Clerk's Office.
PUD. Planned Unit Development.
Railroad. Includes the land used for general railroad purposes, including mainline and
switching trackage, repair shops, stations, communications equipment, roundhouses
and storage facilities, but does not include railroad equipment (miniature or otherwise)
operated by the owner as a hobby or as part of the equipment of an amusement resort.
Recreational Vehicle/Motor Home. A self-contained driven or towed portable unit not
designed to be installed on a temporary or permanent foundation nor used for human
occupancy as a residence which includes: pickup campers, chassis mounted motor
homes, mini motor homes, park trailers, recreational vans, pop-up tent/hard-top trailers
converted busses, or other converted and chopped vehicles.
Residential Property. Any property or building that is used, designed, or intended for
use as a dwelling unit, dwelling, or apartment dwelling and includes the yards, accessory
buildings and vacant property belonging to such property.
Restaurant. Eat-ln. A building or part of a building wh e re food is prepared and offered
for sale to the public primarily to be served by a restaurant employee and consumed by
the customer on the premises at the same table or counter where the food is ordered
and such table or counter shall be located on the premises either inside the building or
outside at a patio eating area, and may include a take-out and delivery service as
accessory uses. Use of public sidewalks or any portion of a public road for any
restaurant use is prohibited, except as may be permitted by special permit for a shortterm special event.
Restaurant. Take-Out. A building or part of a building where food is prepared and/or
offered for sale to the public primarily for consumption other than on the premises. Eatin facilities such as tables and chairs may be provided for use by the customers. Use of
public sidewalks or any portion of a public road for any restaurant use is prohibited,
except as may be permitted by special permit for a short-term special event.
Retail Store. A building where goods, wares, merchandise, substances, articles or things
are stored, offered or kept for sale at retail and includes storage on or about the store premises
of limited quantities of the goods, wares, merchandise, substances, articles or things sufficient
only to service the store and includes the renting of video and audio equipment but does not
include a use otherwise classified or defined in this ordinance but does include a wholesale
operation, a service or repair shop in the premises in which fabrication, manufacturing,
conversion or alteration of goods takes place provided the retail function is the primary use of
the premises.
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Right-of-Way. Dedicated. Land deeded, reserved by plat or otherwise acquired by the
County, which is dedicated for use as a road or drainage channel or other public use.
Right-of-Way. Private. Land dedicated and intended to be used for private access to
private property, or for utilities.
Runoff. Irrigation water that is not absorbed by the soil to which it is applied and which
flows onto other areas. Runoff may result from water that is applied at too great a rate
(application exceeds infiltration rates) or where a severe slope exists.
Setback. The shortest distance between the property line and the foundation, wall or
mainframe of a building or structure.
Sewage. Wastewater as defined in this ordinance, but does not include storm water.
Sewerage System. A system for transporting sewage owned and operated by Luna
County, the City of Deming, or a private disposal system approved by the State of New
Mexico Environment Department.
Shall. The word "shall" is mandatory, not permissive.
Shopping Center. Means a group of three (3) or more commercial uses (retail, office or
service) planned, designed, developed, owned and managed as a unit or a condominium,
with off-street parking provided on the property.
Sign. Any device for visual communication that is used for the purpose of bringing the
subject thereof to the attention of the public; the display of any letter, numeral, figure,
emblem, picture, outline, beacon, or spectacular, either in whole, in part, or in
combination, whereby such display is made on, attached to, or is a part of a structure
erected for the purpose, or is on, attached to, or a part of any other structure, surface or
thing, including but not limited to, the ground or any rock, tree or other natural object,
which display is visible beyond the boundaries of the lot or parcel in, or over which it is
located. Excluded from this definition are the following: any flag, badge, or insignia of
any government or government agency, or of any civic, charitable, religious, patriotic,
fraternal or similar organization, any official traffic control device, and any notice posted
according to law.
Sign. Accessory. A basic category of signs which direct attention to a business,
profession or activity conducted on the premises on which the sign is located, including:
a. Name Plate Sign: a wall or ground sign identifying the name and address of
the occupant of the premises.
b. Home Occupation Sign: a wall sign identifying a permitted home occupation
on the premises.
c. Identification Sign: a wall, ground or roof sign identifying a permitted
principal use, but which bears no advertising of message other than the
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name, year established, street number and kind of business or activity conducted
on the premises.
d. Real Estate Sign: a temporary wall or ground sign advertising the premises
for lease, rent or sale.
e. Subdivision Development Sign: a temporary wall or ground sign advertising
the sale of properties in a subdivision.
f. Developers Sign: a temporary wall or ground sign designating the use, which
will occupy the premises at some future date.
g. Bulletin Board: a wall or ground sign announcing activities of a permitted
educational, governmental or religious institution or recreation area.
h. Utility Sign: a wall or ground sign marking the entrance or exit to a parking
lot or other permitted accessory use.
i. Contractors Sign: a wall or ground sign designating the name of persons or
firms engaged in construction or repair on the premises.
Sign. Directional. A sign directing or informing the public as to the location of publiclyowned facilities; historical or scenic points of interest; educational, charitable or religious
institutions; hospitals or sanatoriums; and major business districts.
Sign. Freestanding. A sign supported by uprights or braces placed upon or in the
ground, and not attached to any building.
Sign. Non-Accessorv. A basic category of signs which direct attention to a business,
commodity, service, entertainment, or other activity or thing, not exclusively related to
the premises on which the sign is located, including directional signs.
Sign. Projecting. A sign which is attached to a building or structure and extends beyond
the wall of the building or line of the structure more than twelve (12} inches horizontally
out from the wall of the building.
Sign. Roof. A sign which extends above and is supported by the roof of a building.
Sign. Subdivision. Community or Neighborhood Identification Sign. A sign that states
the logo, trademark,· or other identifying symbol; address; or combination of the name,
symbol, and address which communicates and promotes the identity of the subdivision,
area, neighborhood, or community.
Sign, Wall. A flat sign placed against or attached to an exterior front, side or rear wall of
a building, including signs placed parallel to and extending not more than twelve (12)
inches horizontally out from the wall of a building.
Site. A parcel of land or several contiguous parcels of land used or occupied, or to be
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used or occupied, by a building and accessory buildings and the area belonging to such
buildings, bounded by a property line or a designated portion of a public street.
Sketch Plan. A map showing lots, road layout, drainage structures, arroyos, and land
proposed for public use, with estimated dimensions. A sketch plan shall include a
general vicinity map showing the location of the proposed subdivision with reference to
existing roadways, easements, municipalities, significant landforms, and other landmarks.
Solid Waste. Includes, but is not limited to any garbage, rubbish, refuse, rejected or
waste food, offal, swill, carrion, ashes dirt, slop, wastewater, trash, weeds, briars, brush,
junk automobiles or automobile parts, waste or unwholesome material of any kind,
except sewage, and including residential, commercial, institutional, industrial and
recreational waste.
Special Use. A use of land permitted within a particular use district that, because
of inherent special characteristics, or possible impact on adjacent properties or
possible impact on the integrity of the particular zone in which it is located, requires a
higher and a stricter level of review.
Storm water Runoff. The excess portion of water, from a rainfall event, that does not
infiltrate into the ground, but flows over the land toward larger bodies of water such as
streams, rivers, ponds or lakes.
Storm water Detention. A system, method or facility used for the on-site temporary
storage of storm water runoff for subsequent release, at controlled rates, into
downstream conveyance systems.
Storm water Retention. A system, method or facility for the on-site storage of storm
water runoff which is not subsequently discharged into a downstream conveyance
system; rather, may be consumed by evapotranspiration, domestic reuse, or drained
into the subsurface through infiltration.
Story. That portion of a building included between the surface of any floor and the
surface of the next floor above, or if there is no floor above, the space between such
floor and the ceiling above. A basement shall be considered a story if its ceiling is more
than five (5) feet above the average established grade of its perimeter, or if it is used for
business purposes by other than janitors or domestic servants in the same building.
Story, Half. A space under a sloping roof which has the line
decking and wall face not more than three (3) feet above the
which space not more than two-thirds (2 / 3) of the floor area is
half story containing independent apartment or living quarters
purposes shall be counted as a full story.
of intersection of roof
top floor level, and in
finished off for use. A
or used for business
Street. All property dedicated or intended for public or private street purposes or
subject to public easements therefore.
Street Line. The dividing line between a lot, tract or parcel of land on a contiguous
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street, the right-of-way line of a street.
Structure. That which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite
manner. Without limiting the generality of the foregoing, structure shall include a wall,
fence, signs and billboards.
Structural Alterations. Any change in the supporting members of a building, such as
bearing walls, partitions, columns, beams or girders, or any substantial change in the
roof or in the exterior walls.
Structure. Temporary. Applies to facilities or structures that are not of permanent
construction, and are not intended to be permanently erected and maintained on a site
for a period not to exceed ninety (90) consecutive days. Tents and air-supported
structures are considered temporary for purposes of this ordinance. Such temporary
structures shall be subject to all applicable requirements of the regulations for the
zoning district in which it is located.
Tower. A structure or building typically higher than its diameter relative to its
surroundings that may stand apart, or be attached to a larger structure, and that may be
fully walled in or of skeleton framework, such as an observation or transmission tower.
Trailer. Any vehicle without motive power, designed for carrying persons or property
and for being drawn by a motor vehicle, and so constructed that no significant part of its
weight rests upon the towing vehicle.
Use. The purpose for which land or building is occupied or maintained, arranged,
designed or intended.
Use. Principal. The main use of land or a building as distinguished from an accessory
use.
Use Permit. A permit granted to a property owner by the administering authority to
construct or use as a permitted use in a zoning district subject to such use permit, and
where, owing to conditions peculiar to the property and not the result of the actions of
the applicant, a literal enforcement of this ordinance would result in unnecessary and
undue hardship.
Variance. “Variance” refers to any deviation from the requirements of those regulations
as approved by the Luna County Board of County Commissioners, where such variance
will not be contrary to the public interest.
Waste Water. The liquid-or water-carried wastes removed from residential properties,
businesses, institutions and other uses, including bath and toilet wastes, laundry waste,
and kitchen waste but not including toxic, hazardous, or industrial waste.
Water Course. Any river, arroyo, creek, spring, stream, or other like body having
definite banks and evidencing regular or occasional flow of water.
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Words Not Defined. Any word or term not defined in this ordinance shall have the
meaning ascribed to it in the Luna County Zoning ordinance or the City of Deming
Zoning regulations as set out in the City Code of Deming, New Mexico, or they shall
have their ordinary accepted meaning within the context with which they are used.
Xeriscape.
A creative method of landscaping that emphasizes water conservation.
This is accomplished by following sound landscaping practices such as planning and
design, soil improvements, limited turf areas, use of mulches, use of low water demand
plants, efficient irrigation, and appropriate and regular maintenance. When combined,
these practices can produce an attractive efficient sustainable landscaping arrangement
for all residential, commercial, industrial, public and institutional developments.
Yard. An open space at grade between a building and the adjoining lot lines, unoccupied
and unobstructed by any portion of a structure from the ground upward, except as
otherwise provided herein. In measuring a yard for the purpose of determining the width
of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum
horizontal distance between the lot line and building shall be used.
Yard. Front. A yard extending across the front of a lot between the side yard lines and
being the minimum horizontal distance between the street line or another lot line and
the main building or any projection thereof, other than steps, unenclosed balconies and
unenclosed porches.
Yard. Rear. A yard extending across the rear of a lot measured between lot lines and
being the minimum horizontal distance between the rear lot line and the rear of the main
building or any projections other than steps, unenclosed balconies or unenclosed
porches. On comer lots, the rear yard shall be considered as parallel to the street upon
which the lot has its least dimension. On both comer lots and interior lots, the rear yard
shall in all cases be at the opposite end of the lot from the front yard.
Yard Required. The minimum open space unoccupied and unobstructed as specified
by these regulations for front, rear and side yards, as distinguished from any yard area
in excess of the minimum required.
Yard. Side. A yard on the same lot with a principal building extending from the front
yard to the rear yard between the side lot line and the nearest side wall line of the
principal building. Any attached carport, porch, or structure, or part thereof, shall be
considered as a part of the principal building.
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CHAPTER 3
GENERAL PROVISIONS
Section 3.1 Conformance Mandatory
Except as otherwise provided by this ordinance, no building shall hereafter be used,
erected, constructed, reconstructed, moved or altered, nor shall any land be used,
except in conformity with these regulations, for the zoning district in which the land or
building is located.
Section 3.2 Minimum Requirements
The provisions of this ordinance are minimum requirements. Where these regulations
impose a greater restriction than is imposed or required by other provisions of law, the
provisions of this ordinance shall control.
Section 3.3 Continuing Existing
Uses: Nothing contained in this ordinance shall affect existing uses of property or the
right to its continued use or the reasonable repair or alteration thereof for the purpose
for which used at the effective date of this ordinance as originally adopted. Uses, which
became nonconforming uses upon the original adoption of this ordinance shall be
subject to the provisions of Chapter 14 herein.
Section 3.4 Permitted Uses
Uses designated as permitted by any zoning district regulation shall be permitted,
without any further action by the owner under these regulations, in the area so zoned.
Section 3.5 Uses Prohibited
Any use not specifically permitted in a zoning district is specifically prohibited from that
zoning district.
Section 3.6 Exempt Uses
The following uses shall be permitted in any zoning district and exempted from the
provisions and requirements of this ordinance, unless otherwise specified:
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A. Utility and transportation corridors; public right-of-way for streets, alleys,
drainage ways, and other public rights-of-way; and
B. Essential services of public utilities duly authorized to furnish to the public
under state or federal regulations services such as electricity, gas, steam,
communications, water, water drainage, flood control, irrigation, solid waste
disposal, sewage disposal, and hot and cold air, by erecting, constructing,
altering or maintaining of underground, surface or overhead facilities and
attendant appurtenances, including, but not limited to, transmission, distributor,
collector, feeder systems, communication, supply or disposal systems, poles,
towers, wires, mains, drains, sewers, pipes, cables, alarm boxes, booster
stations, substations, call boxes, traffic signals, hydrants, fences, walls, screens,
and other similar equipment and accessories in connection therewith, which are
reasonably necessary for the furnishing of adequate service by such utilities for
the public health, safety, convenience or general welfare.
Section 3.7 Size of Lots - Exceptions
When any lot of record does not comply with the area or size requirements of the use
regulations of that zoning district in which it is located if such lot was shown upon a
subdivision plat duly approved by the Luna County Commission or the City of Deming
and was shown upon a final subdivision plat recorded prior to the effective date of this
ordinance as originally adopted, or where such lot for which a bona fide deed or
contract of sale was in full force and effect at that time and said deed or contract of sale
is of record in the office of the Luna County Clerk, then said lot of record may be used
for any permitted use or use permitted in that zoning district, provided all use
regulations are complied with, except, however, the minimum yards and distance
between buildings may be reduced to the following, and the maximum lot coverage may
be increased to the following:
Front Yard
Side Yard
Rear Yard
Distance Between Buildings
Lot Coverage
15 feet, minimum
5 feet, minimum
20 feet, minimum
10 feet, minimum
50 percent, maximum
Any deed restrictions, conditions or other covenants running with the land and
applicable to any subdivision lots, deed or contract of sale described above, shall also
supersede any zoning restrictions as stated above if they exceed the zoning minimums.
Section 3.8 Clear Site Triangle
Clear Sight Triangle: An area of unobstructed vision at street intersections, entrances I
exits,. permitting a vehicle driver to see approaching vehicles to the right or left. No
23
fence, wall, hedge or shrub planting which obstructs sight lines at elevations between
two (2) feet and six (6) feet above the roadways shall be placed or permitted to remain
on any corner lot within the triangular area formed by the street property lines and a line
connecting them at points twenty six (26) feet from the intersection of a street line, or in
case of a rounded property corner, from the intersection of the street property lines
extended. The same sight line limitation shall apply on any lot within ten (10) feet from
the intersection of a street property line with the edge of a driveway or alley pavement.
No trees shall be permitted to remain within such distances of such intersections unless
foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
No single post or column width shall exceed (12) twelve inches in thickness at its
greatest cross section dimension. Exceptions may be granted in cases where a gap
exits between the right of way street line and actual edge of pavement. In no instance
shall the line of sight be obstructed for a distance of 250 feet.
Section 3.9 Sight Distance at Intersections
On corner lots in any district, nothing shall be erected, placed, planted, or allowed to
remain, which materially impedes vision between a height of two and one-half (2 1/2) feet
and ten (10) feet above the centerline grades of the intersecting streets in the area
bounded by the street lines of such corner lot and a line joining points along said street
lines twenty-five (25) feet from the point of intersection.
Section 3.10
Swimming Pools
Swimming pools shall be permitted in all zoning districts; however, no swimming pool shall
be located in any minimum required front or side setback, nor shall any such pool be closer
than any requirement of a zoning district. Every outdoor swimming pool shall be
enclosed by a fence or wall not less than five (5) feet in height which is so constructed,
gated and locked as to discourage unauthorized entry to such pool.
Section 3.11 Solid Waste Disposal
The use of land for the dumping or disposal of scrap iron, junk, garbage, rubbish, refuse
or other solid waste, or of ashes, slag, or other industrial wastes or by-products, shall be
prohibited. Such disposal shall be done at an approved landfill.
Section 3.12 Exceptions to Height Limitations
Height regulations established elsewhere in these Zoning Regulations shall not apply to
the following in any districts:
A. Barns, chimneys, conveyors, cupolas, derricks, domes, flagpoles, observation
24
towers, parapet walls extending not more than four (4) feet above the height limit
of the building, radio, television, or other communications towers, masts, aerials,
silos, smokestacks, transmission towers, windmills, power transmission poles,
church spires, monuments, belfries, bulkheads, elevator penthouses, water
tanks, fire and hose towers, cooling towers, gas holders, grain elevators, refineries
or other structures not for human occupancy or where manufacturing processes
require a great height; provided that such structures above the height limit
specified for the zoning district shall not in the aggregate occupy more than
twenty-five (25) percent of the lot area, shall be distant not less than twenty-five
(25) feet from every lot line. The airport airspace district height limitations shall
apply regardless of these exceptions.
B. Public, semipublic or public service buildings, hospitals, institutions or
schools, when permitted in a district, may be erected to a height not exceeding
sixty feet (60'), and churches and temples may be erected to a height not
exceeding seventy five feet (75'), if that part of the building exceeding the height
limit is set back from each yard line at least one foot (1') for each foot of
additional building height above the height limit otherwise provided in the district
in which the building is built. The airport airspace district height limitations shall
apply regardless of these exceptions.
C. Single-family dwellings, two-family dwellings and multiple dwellings may be
increased in height by not more than ten feet (10') when the side and rear yards
are increased over the yard requirements of the district . in which they are
located, by not less than ten feet (10'), but they shall not exceed three (3) stories
in height. The airport airspace district height limitations shall apply regardless of
these exceptions.
Section 3.13 Elevated Storage Facilities
Any elevated storage facility, water tower or other structure where a large weight would
be supported by legs, structural wall or other supports shall be so located that if it should
collapse, its reclining length would still be contained on the property on which it was
erected.
Section 3.14 Fuel Pumps or Storage Tanks
In any district, no service station fuel pump shall be located closer than twelve (12) feet
to any street line, or closer than fifty (50) feet to any residential district. In determining
setback requirements, a fuel pump or storage tank shall be considered a building.
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Section 3.15 Future Street Lines
Where future street lines have been officially established under proper rules and regulations,
all required setbacks shall be measured from such projected street lines.
Section 3.16 Projections into Required Setback Areas
In all residential districts, the following regulations of projections into required setbacks shall
apply:
A. Awnings, open fire balconies, fire escape stairs, window-type refrigeration
units, suspended or roof evaporative coolers, and forced air furnaces, may project
not more than five (5) feet over any required setback area, provided that they are
no closer than two (2) feet to any lot line.
B. Except as provided elsewhere, no compressor unit, condensing unit, cooling
tower, evaporative condenser, or similar device, shall be located closer to any interior
lot line than the minimum setback required for the main building.
C. Cornices and eaves may project not more than three (3) feet over any
required setback, provided that they are no closer than two (2) feet to any lot line.
D. Sills, leaders, belt courses and similar ornamental features, may project not
more than one (1) foot over or into any required setback; a chimney or pilaster
may project not more than two (2) feet into any required setback, provided that it is
not more than eight (8) feet in dimension paralleling the nearest lot line.
E. Unroofed terraces, patios, steps or similar features not over three (3) feet in
height above grade, may project into any required setback area.
Section 3.17 Fences, Walls and Hedges
In all residential districts, the following regulations of fences, walls and hedges shall apply:
A. No fence, wall or hedge exceeding six (6) feet in height above grade shall
be erected, placed, planted or allowed to remain in or along the front or side lot
line of any required front yard. Where sight distances at inter-sections are a
safety factor, refer to Section 16.2. Fences shall be constructed to provide for
adequate sight distances.
B. No property line fence shall contain electrical current or charge of electricity,
broken glass or similar hazardous materials or devices. Electrical wiring properly
installed to National Electric Code - 2005,or later standards, for the sole purpose of
servicing lighting fixtures attached to the fence is permitted.
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Section 3.18 Sale or Lease of Required Space Prohibited
No space needed to meet the width, setback area, coverage, parking, frontage on a
public street, or other requirement of this ordinance for a lot or building may be
rented or leased apart from such lot or building; nor shall any land be sold which will
result in an existing or future lot for dwelling purposes that does not comply with all of
the provisions of this ordinance.
Section 3.19 Accessory Building Prohibited as Living Quarters
A. Living and sleeping quarters shall not be permitted in any accessory building
in any residential district.
Accessory buildings may be built in a required rear yard but such accessory buildings
shall not be nearer than ten feet (10') to the main building, nor shall any such accessory
building occupy more than thirty percent (30%) of the rear yard.
Section 3.20 Storage of Junk Prohibited in Residential District
No yard or other open space surrounding an existing building in any residential district, shall
be used for the storage of junk, debris, or inoperable vehicles; and no land shall be used
for such purposes, except as specifically permitted herein.
Section 3.21 Storage of Trucks Prohibited in Residential Districts
The storage of more than one (1) truck having a rated capacity of more than one and
one- half (1 1/2) tons and the storage of construction equipment such as bulldozers,
graders, cement mixers, compressors, dump trucks and others shall not be permitted
on any lot in residential districts; provided, however, that such construction equipment
may be stored on a lot during construction of building thereon, but not to exceed one (1)
year.
Section 3.22 Additional Setbacks in Residential Districts
Side setbacks for nonresidential buildings in residential districts shall not be less than
the sum of the length of the building wall measured along the side yard and the average
height, divided by ten; except that no building shall be set back less than the
minimum distance required in the district.
Section 3.23 Mutual Garages Across Lot Lines
An accessory building such as a detached carport or garage may be constructed
across a common lot line by written agreement between the two adjoining property
27
owners when such agreement is recorded in the office of the County Clerk.
Section 3.24 Mutual Dwellings Across Lot Lines
In districts in which multiple family dwellings are permitted, a multiple family dwelling may be
constructed across a common lot line when separated on the line by a dividing wall,
provided a written agreement between the two adjoining property owners is recorded in the
office of the County Clerk. Vacation of easements is required.
Section 3.25 Roof Drainage
Surface water from roof tops shall not be allowed to drain directly onto adjacent lots except
after written agreement between the two adjoining property owners is recorded in the office
of the County Clerk.
Section 3.26 Temporary Uses and Structures
The following provisions shall govern the operation of certain transitory or seasonal uses.
A. Permits - Application for a temporary building or use permit shall be made to the
Building Inspector and shall contain the following information:
1. A description of the property to be used, rented or leased for temporary
use, including all information necessary to accurately portray the property.
2. A description of the proposed use.
3. Sufficient information to determine the setback requirements, sanitary
facilities, and availability of parking space to service the proposed use.
4. Miscellaneous business evaluated on a case by case basis by site,
condition.
B. Uses - The following are identified as temporary uses and are subject to
the following specific provisions and time limits, in addition to the requirements of
any district in which the use is located:
1. Carnival, Circus, or Music Festival - When authorized by the administering
authority, a temporary use permit for a carnival, circus, or music festival may
be issued in any district, for a period not longer than fifteen days.
2. Christmas Tree Sales - A temporary use permit, when authorized by
the administering authority, may be issued for the display and open-lot
sales of Christmas trees for a period not longer than forty-five (45) days.
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3. Contractor's Office - In any district, a temporary use permit may be issued
for a contractor's temporary office and equipment sheds incidental to a
construction project. The permit shall be valid for not more than one year but
shall be renewable for one year. The office and/or shed shall be removed
upon completion of the construction project.
4. Real Estate Sales Office - In any district, a temporary use permit may
be issued for a temporary real estate sales office in any new subdivision,
which has been approved in accordance with the Luna County Subdivision
Regulations or the City of Deming Subdivision Regulations. The permit for
such office shall be valid not more than one (1) year, but is renewable on
an annual basis for a period of one (1) year. The office shall be
removed upon completion of the development. A model home may be used
as a temporary sales office. provided such model home complies with all
requirements of the zoning ordinance.
Section 3.27 Permitted Home Occupations
A home occupation may be permitted in any residential district, except where expressly
precluded by the provisions for a particular district, subject to the following conditions:
A. The home occupation is conducted entirely within a dwelling and is carried on in
the dwelling only by members of the residing household.
B. The home occupation does not involve the use of any accessory buildings or
yard space for storage or activities outside the dwelling not normally associated
with residential use.
C. No commercial vehicles are used except one (1) delivery truck, which does
not exceed three-quarter (3/4) ton rated capacity.
D. The home occupation is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character of the building from
that of a dwelling.
E. Not more than the equivalent of twenty-five (25) percent of the ground floor area
of the dwelling is devoted to the home occupation.
F. The physical appearance, traffic and other activities in connection with the
home occupation is not contrary to the objectives and characteristics of the district
in which the home occupation is located.
G. The definition limitations set forth in Section 2.2, of this ordinance.
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Section 3.28 Custodial Mobile Home
The owner of a parcel of land located within a "D" Industrial District, upon which a
manufacturing establishment, or other permitted industrial use, is located, may have one
{1) single-wide manufactured home on the parcel for the occupancy of such persons as
the owner may designate but whose occupation shall be directly connected with the
protection of the manufacturing establishment, or other permitted industrial use.
Section 3.29 Outdoor Theaters
The following minimum regulations shall apply to outdoor theaters:
A. The minimum lot area shall be ten {10) acres.
B. No outdoor theater shall be located within three hundred (300) yards of any
residential district.
C. The face of the screen shall be located a minimum of seven hundred (700)
feet back from the highway or street right-of-way line, if visible from said
highway or street.
D. Only one-way traffic shall be permitted on the site of an outdoor theater.
E. There shall be at least one {1) emergency exit.
F. Entrance lines shall be capable of handling a minimum of thirty (30) percent of
theater capacity.
G. A detailed landscape plan showing plant type, size and spacing.
Section 3.30 Automobile Service Stations
No use shall be permitted for an automobile service station unless it complies with the
current International Building Code.
A. A site plan showing the building area, service area, and sales area.
B. Building plans, the construction of which shall be in reasonable conformity
thereto. All structures shall be of a design character that is appropriate to the
area in which they are to be constructed. All canopies shall be connected to the
roof of the main structure unless otherwise approved.
C. A detailed landscape plan showing plant type, size and spacing.
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D. A solid wall or fence at least eight (8) feet in height shall be required between
all automobile service station sites and adjoining residential districts.
E. All signs and outdoor lighting shall be placed in such a manner so as not to
interfere or confuse traffic or present any hazard to traffic.
Section 3.31 Outdoor Light Fixtures
"All outdoor light fixtures related to new construction and/or replacement of existing light
fixtures shall conform to the Night Sky Protection Act, NMSA 1978, §§ 74-12-1
through 74-12-11."
Section 3.32 Dwellings Constructed Around Trailers, Mobile Homes, Park
Models Prohibited
There shall be no trailer houses or houses built around or incorporating trailer homes,
park trailers or park models, mobile homes, or recreational vehicles. All camper trailers,
campers or boats shall be stored behind the dwelling house, within the garage, or by the
side of the house, if hidden from street view by a fence or shrubs. No trailer, camper or
recreational vehicle shall be lived in while parked on the property.
Section 3.33
Dry Camping Permitted In Commercial District
Trailers or recreational vehicles will be allowed to dry camp on site in any Commercial
District for up to forty eight (48) hours per week for twenty four (24) hour retail
operations provided sufficient automobile parking is always available to meet
requirements of the Zoning Ordinance. Property owners are prohibited from collecting
any fees associated with dry camping.
Section 3.34
Interpretation
Applicable
to All "Uses,
Requirements" Sections of all Zone Districts of this ordinance
Restrictions
and
Where any "Uses, Restrictions and Requirements" section of this ordinance allows
uses permitted in other zone districts, it shall be expressly understood that such uses
shall be subject to all provisions of the specific zone district in which the use is being
proposed, unless otherwise expressly stated. For example: the CD Country Dwelling
District permits any uses permitted in the "A" or "A-1" Single Family Districts. Under this
Interpretation, Section 3.34, any "A" or "A-1" use shall comply with all regulations of the
CD Country Dwelling District and no other district.
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Section 3.35 Surfacing of Parking Lots and Driveways
The following provisions shall apply to the surfacing of parking lots and driveways in the
area described in Section 1.3 of this ordinance:
A. For all single family dwellings and all two family dwellings, including
manufactured homes and modular homes, parking lots and driveways used for
the parking or storage of motor vehicles shall be constructed of either concrete or
asphalt paving or gravel.
B. For all other residential uses or residential types and all non-residential uses,
where such uses abut a paved road or street, parking lots and driveways used
for the parking or storage of motor vehicles shall be constructed of either
concrete or asphalt paving.
Section 3.36 Manufactured Homes/Mobile Homes Manufactured Prior to June 15,
1976
No manufactured Home or mobile home constructed prior to June 15, 1976, the
effective date of the National Manufactured Housing Construction Standards Act of
1974, 42 U.S.C. § 5401 et seq., shall be transported into, or installed upon any site in
the area described in Section 1.3 of this ordinance.
Section 3.37 Existing Mobile Home Parks
Mobile home parks existing on the effective date of this ordinance are permitted.
Expansions to existing mobile home parks are permitted provided the expansion and
any proposed changes to the existing park meet all requirements of Title 12, Chapter
15, Article A of the Deming City Code for Mobile Home Parks and all other applicable
requirements and processes set out in this ordinance. Mobile homes shall not be
moved from areas outside the borders of Luna County to any existing mobile home park
or individual lot in the area described in Section 1.3. Single-wide manufactured homes,
both new homes and homes that have been refurbished to Housing and Urban
Development standards and to all applicable requirements of the International building
Code and the Rules and Regulations of the Manufactured Housing Division of the
Regulation and Licensing Department of the State of New Mexico, are permitted in
existing mobile home parks or expansions t o e xi s t i n g p a r k s . Recreation Vehicles,
travel trailers, campers and similar vehicles or structures are not permitted as
replacement units in an existing mobile home park or in any expansion to the existing
park.
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Section 3.38 New Manufactured Home Parks and New Recreational Vehicle Parks
New manufactured home parks and new recreational vehicle parks are prohibited in all
Zoning Districts except the "B-1" Dwelling District and the "C" Commercial District. New
manufactured home parks shall comply with all provisions of Title 12, Chapter 15 Article
A of the Deming City Code. New recreational vehicle parks shall comply with all
provisions of Title 12, Chapter 15, Article B of the Deming City Code.
Section 3.39 Uniform Building Code and International Building Code
Wherever in this ordinance, reference is made to the "Uniform Building Code", it shall
be understood to be a reference to the "International Building Code".
Section 3.40 Conflicts with Other Regulations
Whenever there is a discrepancy or conflict between minimum standards or dimensions
noted in this ordinance and those contained in any other ordinance, code, or other
official rules and regulations of area described in Section 1.3 of this ordinance, or the
State of New Mexico, applicable to land within the area described in Section 1.3 of this
ordinance, the highest or most restrictive standard or dimension shall apply. Whenever
there is a discrepancy or conflict between sections of this ordinance with regard to
minimum standards or dimensions, the highest or most restrictive standard shall
apply.
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CHAPTER 4
ESTABLISHMENT OF ZONING DISTRICTS
Section 4.1 Establishment of Zoning Districts
For the purpose of this ordinance, the following types of zoning districts are hereby
established:
R
D
C
A
A-1
B
B-1
CD
PL
Rural Agriculture District
Industrial District
Commercial District
Residential A District
Residential A-1 District
Residential B District
Residential B-1 District
Residential CD District
Utility, Recreation, Public Land Districts
Please refer to Appendix "A" for Quick Reference.
Section 4.2 Establishment of Boundaries
The boundaries of the zoning districts as established by this ordinance shall be those
shown on the maps in Appendix B.
Section 4.3 Boundary Determination
Where uncertainty exists as to the boundaries of districts shown on the official zoning
map, the following rules shall apply:
A. Boundaries indicated as approximately following the centerlines of streets,
highways, or alleys shall be construed as following the centerlines;
B. Boundaries indicated, as approximately following platted lot lines shall be
construed as following such lot lines;
C. Boundaries indicated, as approximately following city limits shall be construed
as following City limits;
D. Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks;
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E. Boundaries indicated as approximately following the centerlines of streams,
rivers, lakes or other bodies of water shall be construed to follow such
centerlines;
F. Boundaries indicated as parallel to or extensions of features indicated in
subsections (A) through (E) above shall be so construed;
G. Distances not specifically indicated on the zoning maps shall be determined
by the scale of the map; and
H. Where physical or cultural features existing on the ground are at variance with
those shown on the zoning map; or in other circumstances not covered by
subsections (A) through (G) above, the Authority shall interpret the district
boundaries.
Section 4.4 Official Zoning Map
A. Appendix B, together with all explanatory matter thereon, is adopted by
reference and declared to be an official record and a part of this
ordinance, as originally adopted.
B. Said map shall be identified as such by the signature of the Chairman of the
Authority and attested by the Secretary of the Authority.
C. Whenever amendments or changes are made in zoning district boundaries,
such amendments or changes shall be made promptly on the official zoning map
at the direction of the Authority.
D. No changes of any kind shall be made in the official zoning map except in
conformance with the procedure set forth in this ordinance.
E. The official zoning map(s) shall be recorded in the office of the Luna County
Clerk, Deming, New Mexico, and which shall be the final authority as to the
current zoning status of all lands and buildings in the area of jurisdiction.
F. In the event that the official zoning map becomes damaged, destroyed, lost or
difficult to interpret because of the nature or number of changes and
amendments thereto, the Authority may by resolution adopt a new official zoning
map.
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Section 4.5 Vacated Thoroughfares
Whenever any street, alley or other public way is vacated by official action of the County
Commission, the zoning districts adjoining each side of such street, alley or public way
shall be automatically extended to the center of such vacation and all area included in
the vacation shall then and thenceforth be subject to all appropriate regulations of the
extended districts.
Section 4.6 Prohibitions
Except as hereinafter provided:
A. Use of Premises: No person shall use any premises for uses other than those
permitted in the district in which such premises are located.
B. New Buildings: No building shall be erected unless it shall conform to the
regulations for the district in which such premises are located.
C. Alteration Of Existing Buildings: No building shall be enlarged, structurally
altered or moved unless such enlargement, structural alteration or moving shall
conform to the regulations for the district in which the premises are located or
may be relocated.
D. Lots: Every building hereafter erected, enlarged or structurally altered shall be
located on a "lot" as defined in Section 2.2 of this title, and in no case shall there
be more than one main building on one lot. Land that is part of one lot and that is
not in excess of the area requirements for that lot shall not be used to satisfy the
area requirements of any other lot.
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CHAPTER 5
SITE PLAN ADMINISTRATION
Section 5.1 Site Plan Approval
When site plan approval is required by this ordinance, the following conditions when
applicable shall be conformed to:
A. Site Plan. Four (4) prints of a site plan, drawn to scale, showing:
1. Lot Dimensions;
2. All buildings and structures: their location, size, height, proposed use,
and types of exterior material;
3. Yards and space between buildings;
4. Walls, fences and landscaping: location, height and materials;
5. Off-street parking: location, number of spaces, dimensions of parking
area, arrangement of spaces, internal circulation pattern and landscaping;
6. Access: pedestrian, vehicular, service points of ingress and egress;
7. Signs: location, size, height, and method of illumination;
8. Loading area: location, dimensions, and flow;
9. Lighting: location and general nature, shielding and filtering devices;
10. Street dedications and improvements; including curbs and gutters;
11. Landscaping;
12. Outdoor storage and activities;
13. Drainage and grading plan;
14. Waste disposal facilities;
15. Vicinity map showing location of property in relationship to adjacent
properties, roads, and utilities; and
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16. Legal description and site map showing subject property and all
existing or proposed easements.
B. Basis of Approval. Site plan approval shall be based upon a finding that:
1. All provisions of this ordinance are met;
2. The location of buildings, structures and improvements, vehicular
ingress, egress and internal flow yards, height of buildings, location of
service, walls, and landscaping are so arranged that traffic congestion is
avoided, pedestrian and vehicular safety and welfare are protected, and
there will be no adverse effect on surrounding property;
3. Proposed lighting is so arranged as to prevent any glare to adjoining
properties; and
4. Proposed signs will not, by size, location, color or lighting, interfere with
traffic or limit visibility.
C. Procedure. Site plan approval may be obtained upon review and approval by
the administering authority set out in Section 5-1 hereof. Such decision shall be
binding unless the applicant requests in writing within ten (10) days after said
decision and appeal before the Board of Appeals. Such request shall be filed with
the administering authority and placed on the agenda of the Board of Appeals
(See Chapter 18).
D. Time Limit. One (1) year from the date a use permit has been issued, said use
permit shall become void, unless a l l conditions have been satisfactorily
completed, upon which site plan approval was made and said use permit issued.
An extension may be granted upon review and approval by the administering
official if the applicant files in writing for such extension prior to the approval
becoming void.
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CHAPTER 6
"A" SINGLE FAMILY DWELLING DISTRICT
Section 6.1 District Established
There shall be, and hereby is, established an "A" Single Family Dwelling District within
the area described in Section 1.3 of this ordinance. The provisions set forth in this
Chapter, or set forth elsewhere in this ordinance when referred to in this Chapter are
the "A" Single Family Dwelling District provision designed to provide a fully protected
residential area, and as set out in Appendix B.
Section 6.2 Uses, Restrictions and Requirements
A No building shall be erected, altered, placed, or permitted to remain on any
lot other than one detached single-family dwelling, one multi-section manufactured
home or one modular home and accessory buildings customarily incidental to these
uses. The building may be used for a home occupation as defined in Section 2.2
hereof. Single-wide manufactured homes and mobile homes, generally, are
prohibited in the “A” Single Family Dwelling District, except that single-wide
manufactured homes and mobile homes existing on the effective date of this
ordinance are permitted provided that such home shall not be structurally altered,
enlarged, reconstructed or extended in any manner. In addition, existing single-wide
manufactured homes and mobile homes that are voluntarily removed from any lot in
the "A" District for any period of time shall not be replaced.
B. There shall be no mobile homes, trailer houses or houses built around or
incorporating trailers or mobile homes.
C. All camper trailers, campers, boats or automobiles shall be stored behind the
dwelling house, within the garage, or by the side of a house, if hidden from the
street. No trailer or camper shall be lived in while parked on the property.
D. Junked vehicles, inoperative, wrecked, dismantled, discarded, unused,
unlicensed vehicles or trailers, or vehicles or trailers without a current license, or
a junked mobile home are prohibited except in an enclosed garage or in an
authorized salvage yard.
E. All driveways or parking areas used for parking vehicles shall be constructed
of concrete, asphalt paving or gravel.
F. Accessory buildings customarily used incident to the above uses, shall be
allowed.
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G. Temporary buildings for uses incidental to construction shall be removed
immediately upon completion of construction work.
H. No sign shall be displayed to the public view on any lot except one sign
described in Section 2.2 hereof; one sign of not more than five (5) square feet
area advertising the property for sale or rent, or sign used by the builder to
advertise property during construction period only.
I. After approval of a special use permit, cattle, horses, mules, donkeys, llamas,
and peacocks may be kept, provided that the minimum lot size is at least (1) one
acre of ground area not occupied by a structure, with a maximum number of such
animals as specified in Table "R". Said animals shall be so controlled that they
cannot graze on any other premises. Animal premises will be subject to
inspection to ensure compliance. It shall be unlawful for any person to maintain
at his residence chickens, geese, turkeys, guineas or other like fowl in excess of
the number specified in Table "R", or to slaughter any fowl for the purpose of
sale.
J. Conditional Uses: The following uses require a conditional permit issued by
the Authority.
1. Animals not included above.
2. Raising of swine for fairs will be permitted, provided the maximum
number of animals shall be three. All swine must be disposed of and
removed from the premises within thirty (30) days after such fairs have
closed.
3. Produce stands and incidental signs for display or sale of agricultural
products, provided the number of stands is limited to one for each lot, and
provided that the size of stand does not exceed four hundred (400) square
feet of floor area.
K. Garbage: No lot shall be used or maintained as a dumping ground for
rubbish. Trash, garbage or other waste shall not be kept except in sanitary
containers. All containers, incinerators or other equipment for the storage or
disposal of such material shall be kept in a clean and sanitary condition and must
meet the standards and restrictions of Luna County and the State of New
Mexico.
L. Water Supply: No individual water supply system shall be permitted on any lot
unless such system is located, constructed, and equipped and maintained in
accordance with the requirements and standards of state and local authorities.
Approval of such system as installed shall be obtained from such authorities.
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M. Sewage Disposal: No individual sewage disposal system shall be permitted
on any lot unless such system is designed, located and constructed in
accordance with the requirements, standards and recommendations of state and
local authorities. Approval of such system as installed shall be obtained from
such authorities.
N. No trucks, trailers or other motor vehicles over one ton carrying capacity shall
be parked, except for loading or unloading, on the streets within this district.
0. Churches.
P. Child Day Care Center and Nursery School.
Q. Public schools, elementary and high, and educational institutions having a
curriculum the same as given in public schools.
R. Golf courses, except miniature courses and driving ranges operated for
commercial purposes.
S. Parks and Playgrounds owned and/or operated by the City of Deming or Luna
County.
T. Home occupations as defined by this ordinance.
U. No trucks, trailers, or other motor vehicles over one ton capacity shall be
parked on County roads within the "A" Single Family Dwelling District.
Section 6.3 Size and Architectural Regulations
A. All structures on said lots shall be so constructed, whether constructed on
another site and moved to this site or totally constructed on this site, to conform
in all respects to the provisions of this ordinance and to all applicable codes.
B. No dwelling house shall be erected which contains less than eight hundred
(800) square feet of finished livable space, exclusive of attached garage,
porches, patios and breezeways. Basements, whether used for storage, utility, or
living area purposes, are not to be included when computing livable space. All
structures must be in conformity with the applicable state and county building
code statutes and ordinances. Construction of houses must be completed within
one year after commencement of first construction.
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Section 6.4 Area Regulations
A. Minimum lot size in this District will be seven thousand (7,000) square feet
provided there are City of Deming sewer and water available otherwise 32,670
sf (3/4 acre) shall be the minimum lot size.
B. Building Location: No building shall be located on any lot nearer to the front
lot line or nearer to the side street line than the minimum building setback lines
shown on the recorded plat. In any event, no building shall be located on any lot
nearer than twenty-five (25) feet to the front lot line, or nearer than fifteen (15)
feet to any side street line. When lots have a double frontage, the required front
yard shall be provided on both streets. No building shall be located nearer than
five (5) feet to an interior lot line where the building is one (1) story in height, or
seven and one-half (7.5) feet where the building is two (2) stories. There shall be
a rear yard having a depth of not less than thirty (30) feet or twenty (20) percent
of the depth of the lot, whichever is the lesser. For the purposes of these
restrictions, eaves, steps, and open porches shall not be construed to permit any
portion of a building to encroach upon another lot.
C. Lot Width: No dwelling shall be erected or placed on any lot having a width of
less than sixty (60) feet at the minimum building setback line.
D. Height Restrictions: No building shall exceed two and one-half (2 1/2) stories
or thirty-five (35) feet except as provided in Section 3.12 of this ordinance. The
airport airspace district height limitations shall apply regardless of the provisions of
this Section 6.4.D.
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CHAPTER 7
"A-1" SINGLE FAMILY DWELLING DISTRICT
Section 7.1 District Established
There shall be and hereby is established an "A-1" Single Family Dwelling District within
the area described in Section 1.3 of this ordinance. The provisions set forth in this
Chapter, or set forth elsewhere in this ordinance when referred to in this Chapter are
the "A-1" Single Family Dwelling District Provisions, and as set out i n A p p e n d i x B .
Section 7.2 Uses, Restrictions and Requirements
A. No building shall be erected, altered, placed, or permitted to remain on any
lot other than one detached single-family dwelling, one multi-section manufactured
home or one modular home and accessory buildings customarily incidental to these
uses. Single-wide manufactured homes and mobile homes, generally, are prohibited
in the "A-1" Single Family Dwelling District, except that single-wide manufactured
homes and mobile homes existing on the effective date of this ordinance are
permitted provided that such home shall not be structurally altered, enlarged,
reconstructed or extended in any manner. In addition, existing single-wide
manufactured homes and mobile homes that are voluntarily removed from any lot in
the "A-1" District for any period of time shall not be replaced.
B. All provisions set out in Chapter 6, "A" Single Family Dwelling District shall
apply in the "A-1" Single Family Dwelling District. It is the intent within this district
to allow all uses allowed in the "A" District except for an increase in the minimum
lot size and an increase in the minimum square footage for a dwelling.
C. No store, office, or other place of business of any kind and no hospital,
sanatorium, or other place for the care or treatment of the sick or disabled,
physically or mentally, or any theater, saloon or other place of entertainment, or
any church shall ever be erected or permitted upon any of the lots or any part
thereof and no house or lot shall ever be used for a business involving inventory.
D. There shall be no trailer houses or houses built around or incorporating
trailer homes, park trailers or park models, mobile homes, or recreational
vehicles. All camper trailers, campers or boats shall be stored behind the
dwelling house, within the garage, or by the side of the house, if hidden from
street view by a fence or shrubs. No trailer, camper or recreational vehicle shall
be lived in while parked on the property.
E. Junked vehicles, inoperative, wrecked, dismantled, discarded, unused,
unlicensed vehicles or trailers, or vehicles or trailers without a current license, or
43
a junked mobile home are prohibited except in an enclosed garage or in an
authorized salvage yard.
F. Home Occupations as defined by this ordinance.
G. Accessory Buildings And Uses: Accessory buildings and uses customarily
incident to the above uses, not involving the conduct of a business. Any
accessory building which is not a part of the main structure shall not be located
on any lot nearer to the front line or nearer to the side street line than the
minimum building setback lines shown on the recorded plat. See Sections 7.4.A.
and 7.4.C. of this ordinance.
H. Temporary Buildings: Temporary buildings for uses incidental to construction
shall be removed immediately upon completion of construction work.
I. Signs: Except as provided for in Chapter 15 of this ordinance, no sign of any
kind shall be displayed to the public view on any lot except one professional
sign as described under subsection C of this section; one sign of not more than
five (5) square feet in area advertising the property for sale or rent, or sign
used by a builder to advertise property during construction period only.
J. Oil Drilling: No oil drilling, oil development operations, oil refinery, quarrying or
mining operations of any kind shall be permitted upon or in any lot, nor shall oil
wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any
lot. No derrick or other structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon any lot.
K. Animals: No animals, livestock, or poultry of any kind shall be raised, bred or
kept on any lot, except that the usual household domestic animals shall be
allowed; namely dogs, cats, or other household pets; provided, that they are not
kept, bred or maintained for any commercial purpose, or in excessive numbers.
See Table "R" Extraterritorial Zones Keeping of Animals, EZ Reference Guide.
L. Garbage: No lot shall be used or maintained as a dumping ground for rubbish.
Trash, garbage or other waste shall not be kept except in sanitary containers. All
containers, incinerators or other equipment for the storage or disposal of such
material shall be kept in a clean and sanitary condition and must meet the
standards and restrictions of the city.
M. Water Supply: No individual water supply system shall be permitted on any
Jot unless such system is located, constructed, equipped and maintained in
accordance with the requirements, standards and recommendations of state and
local public health authority.
Approval of such system as installed shall be
obtained from such authority.
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N. Sewage Disposal: No individual sewage disposal system shall be permitted
on any lot unless such system is designed, located and constructed in
accordance with the requirements, standards and recommendations of state and
local public health authorities. Approval of such system as installed shall be
obtained from such authority.
0. No trucks, trailers, or other motor vehicles over one ton capacity shall be
parked on County roads within the ..A-1" Single Family Dwelling District.
Section 7.3 Size and Architectural Regulations
A. All structures on said lots shall be so constructed, whether constructed on
another site and moved to this site or totally constructed on this site, to conform
in all respects to the provisions of this ordinance and to all applicable codes.
B. No dwelling house shall be erected which contains less than twelve hundred
(1200) square feet of finished livable space, exclusive of attached garage,
porches, patios and breezeways, two (2) story homes must have a minimum of
one thousand (1,000) square feet of livable space at ground floor level.
Basements, whether used for storage, utility, or living purposes are not to be
included when computing livable space. All structures must be in conformity with
the current edition of the "Uniform Building Code" as published by the
International Conference of Building Officials. Construction of houses must be
completed within one year after commencement of first construction activity.
Section 7.4 Area Regulations
A. Minimum lot size in this District will be nine thousand (9,300) square feet,
provided there are City of Deming sewer and water, otherwise 32,670 SF
(3/4 acre).
B. Building Location: No building shall be located on any lot nearer to the front
lot line or nearer to the side street line than the minimum building setback lines
shown on the recorded plat. In any event, no building shall be located on any lot
nearer than twenty-five (25) feet to the front lot line, or nearer than fifteen (15)
feet to any side street line. When lots have double frontage the required front
yard shall be provided on both streets. No building shall be located nearer than
five (5) feet to an interior lot line. No dwelling shall be located on any interior lot
nearer than ten (10) feet to the rear lot line, or eighteen (18) feet from the
centerline of the public easement on the back of the lot, whichever is the greater
dimension. For the purposes of these restrictions, eaves, steps and open
porches shall not be considered as part of a building; provided, however, that this
shall not be construed to permit any portion of a building on a lot to encroach
upon another lot.
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C. Lot Width: No dwelling shall be erected or placed on any lot having a width of
less than ninety-three (93) feet at the minimum building setback line.
D. Height Restrictions: No building shall exceed two and one-half (2 1/2) stories
or thirty-five (35) feet except as provided in Section 3.12 of this ordinance. The
airport airspace district height limitations shall apply regardless of the provisions of
this Section 7.4.0.
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CHAPTER 8
"B" MULTIPLE DWELLING DISTRICT
Section 8.1 District Established
The provisions set forth in this Chapter, or set forth elsewhere in this ordinance when
referred to in this Chapter are the "B" Multiple Family Dwelling District Provisions, and
as set out in Appendix B.
Section 8.2 Use, Restrictions and Requirements
A building or premises shall be used only for the following purposes:
A. Any use permitted in the "A" or "A-1" Single Family Dwelling Districts except
no animals other than household pets shall be permitted. Single-wide
manufactured homes and mobile homes, generally, are prohibited in the "B"
Multiple Dwelling District except that single-wide manufactured homes and mobile
homes existing on the effective date of this ordinance are permitted provided that
such home shall not be structurally altered, enlarged, reconstructed or extended in
any manner. In addition, existing single-wide manufactured homes and mobile
homes that are voluntarily removed from any lot in the 'B' District for any period of
time shall not be replaced.
B. Two or more family dwellings, containing a floor space of not less than six
hundred (600) square feet per family; dwelling units must be separate.
C. Professional offices or studios.
D. Boarding houses, Bed & Breakfast establishments, and dormitory style
dwellings.
E. Nonprofit religious, educational, and philanthropic institutions but not penal or
mental treatment institutions.
F. Hospitals and clinics, but not animal hospitals, animal clinics or mental
hospitals.
G. Private clubs and lodges, excepting those the chief activity of which is
customarily carried on as a business.
H. Any accessory building that is not a part of the main structure shall be located
not less than sixty (60) feet from the front lot line.
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I. No trucks, trailers, or other motor vehicles over one (1) ton capacity shall be
parked on the streets within the District.
J. No mobile home, house trailer, or recreational vehicle shall be placed or set,
permanently, in or upon any area in "B" Multiple Dwelling District. This provision
does not prevent the parking or storage of recreational vehicles only and which
are parked or stored at the rear of a lot or which is screened from view from the
street.
K. Multiple dwelling, containing a floor space of not less than five hundred (500)
square feet per family.
L. Retail Outlets: Small retail stores, with a showroom, not to exceed three
hundred (300) square feet in gross floor area operating Monday through Friday
only.
M. Park trailers/park models are prohibited.
Section 8.3 Parking Regulations
Whenever a structure is erected, converted, or structurally altered for multiple dwelling
or two family dwelling purposes, one (1) parking space shall be provided on the lot for
each dwelling unit in the structure.
Section 8.4 Area Regulations
A. Building Location: The setback requirement shall be the same as in the "A-1"
Single Family Dwelling District.
B. Interior Courts: All interior courts shall have a width equal to at least the height
of the highest part of the building forming the court.
C. Lot Size and Intensity of Use: The total net ground area devoted to a multifamily complex shall contain at least twenty-five hundred (2,500) square feet per
family dwelling unit and no dwelling shall be erected or placed on any lot having
a width of less than ninety (90) feet at the minimum set back line.
D. Height Restrictions: No building shall exceed two and one-half (2 1/2) stories
or thirty-five (35) feet except as provided in Section 3.12 of this ordinance. The
airport airspace district height limitations shall apply regardless of the provisions of
this Section 8.4.D."
E. Signs: All signs shall comply with the requirements of Chapter 15 of this
ordinance.
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CHAPTER 9
"B-1" DWELLING DISTRICT
Section 9.1 District Established
The provisions set forth in this Chapter, or set forth elsewhere in this ordinance, when
referred to in this Chapter are the "B-1" Dwelling District Provisions. It is intended that
this District be used primarily for manufactured housing.
Section 9.2 Use, Restrictions and Requirements
A building or premises shall be used only for the following purposes:
A. The use, restrictions and requirements set out in Section 8.2 shall apply in the
B-1 dwelling district.
B. Single-wide manufactured homes. Housing containing a floor space of not less
than five hundred (500) square feet and properly connected to utilities.
C. New manufactured home parks, subject to the provisions of Title 12,
Chapter 15, Article A of the Deming City Code, and new recreational vehicle
parks subject to the provisions of Title 12, Chapter 15, Article B of the
Deming City Code.
Section 9.3 Parking Regulations
Parking regulations shall be the same as in the "B" Multiple Dwelling District.
Section 9.4 Area Regulations
A. Building Location: The set-back requirement shall be the same as in the "A-1"
Dwelling District.
B. Lot Size and Intensity of Use: Every lot upon which a manufactured home is
placed shall contain an area of not less than thirty five hundred (3,500) square
feet, provided there are City of Deming sewer and water, otherwise 32,670 sf
(3/4 acre).
C. Height Restrictions: No building shall exceed two and one-half (2 1/2) stories
or thirty-five (35) feet except as provided in Section 3.12 of this ordinance. The
airport airspace district height limitations shall apply regardless of the provisions of
this Section 9.4.C.
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CHAPTER 10
"CD" COUNTRY DWELLING DISTRICT
Section 10.1 District Established
Application: The provisions set forth in this Chapter, or set forth elsewhere in this
ordinance when referred to in this Chapter are "CD" Country Dwelling District
Provisions.
Section 10.2 Use, Restrictions and Requirements
A building or premises shall be used only for the following purposes:
A. Any uses permitted in the "A" or "A-1" Single Family dwelling District.
B. No lot shall be used except for residential purposes. No building shall be
erected, altered, placed or permitted to remain on any lot other than one detached
single- family dwelling, one multi-section manufactured home or one modular
home, and accessory buildings customarily incidental to these uses. Single-wide
manufactured homes and mobile homes, generally, are prohibited in the "CD"
Country Dwelling District, except that single-wide manufactured homes and mobile
homes existing on the effective date of this ordinance are permitted provided that
such home shall not be structurally altered, enlarged, reconstructed or extended in
any manner. In addition, existing single-wide manufactured homes and mobile
homes that are voluntarily removed from any lot in the "CD" District for any period of
time shall not be replaced.
C. No dwelling shall be permitted with a ground floor area of the main structure,
exclusive of one story open porches and garages, of less than eight hundred
(800) square feet.
D. Easements for installation and maintenance of utilities will be limited to
ten (10) feet in width.
E. No structure of a temporary character, trailer, basement, tent, shack, garage,
barn or other outbuilding shall be used on any lot at any time as a residence nor
shall any privy be permitted, except during construction. All construction shall be
completed within one year from the date of commencement.
F. Signs: No sign shall be displayed to the public view on any lot except one sign
described in Section 2.2, A, 82 hereof, one sign of not more than five (5) square
feet advertising the property for sale or rent, or signs used by the builder to
advertise the property during the construction period, and for signs for the sale of
produce provided for in "G" of this section.
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G. Nothing in these provisions shall be intended to exclude the sale of produce,
actually produced on the premises, together with a temporary structure
necessary for such sale, and not more than two signs, with a total surface area of
thirty-two (32) square feet. Any such structure or sign so erected must not be
placed on the premises more than fifteen (15) days prior to the actual sale of said
produce, and must be removed from said premises not later than fifteen (15)
days following the last sale.
Section 10.3 Area Regulations
A. Buildings within this district shall conform to the area regulations as set out in
Section 10.2 above.
B. No building shall be located on any building plot nearer than twenty-five (25)
feet to the front lot line, nor nearer than fifteen (15) feet to any side street line or
to an interior lot line. When lots have double frontage the required front yard shall
be provided on both streets. No building shall be located nearer than fifteen (15)
feet to an interior lot line. No dwelling shall be located on any interior lot nearer
than thirty (30) feet to the rear lot line. For the purpose of this regulation, eaves,
steps and open porches shall not be considered as a part of any building
provided, however, that this shall not be construed to permit any portion of a
building on a lot to encroach upon another lot.
C. Minimum lot size shall be not less than 3/4 acre.
D. Height Restrictions: No building shall exceed two and one-half (2 1/2) stories
or thirty-five (35) feet except as provided in Section 3.12 of this ordinance. The
airport airspace district height limitations shall apply regardless of the provisions of
this Section 10.3.0.
Section 10.4 Parking Regulations
No parking area or driveway need be paved in this district.
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CHAPTER 11
"C" COMMERCIAL DISTRICT
Section 11.1 District Established
Application: The provisions set forth in this Chapter, or set forth elsewhere in this
ordinance and referred to in this Chapter are the provisions in the "C" Commercial
District.
Section 11.2 Uses, Restrictions and Requirements
A building or premises shall be used only for the following purposes:
A. Any on-site residential use approved as a special use under the provision of
Chapter 17 of this ordinance. Animal use shall be the same as "A" Districts. Any
residential use in existence in the "C" District on the effective date of this
ordinance shall
be
a
legal
non- conforming use and any changes
proposed shall be in accordance with the provisions of Chapter 14-"NonConforming Uses" of this ordinance; except that any existing manufactured home
or mobile home voluntarily removed from any lot in the "C" District for any period of
time shall not be replaced.
B. Amusement places or theaters, provided that no theater shall be erected or
reconstructed unless there is provided on the same lot, or within three hundred
(300) feet thereof a space for off-street parking which contains an area adequate
to accommodate one (1) vehicle for every four (4) seats in the theater.
C. Manufactured home parks are subject to the provisions of Title 12, Chapter
15, Article A of the Deming City Code, and recreational vehicle parks are subject
to the provisions of Title 12, Chapter 15, Article B of the Deming City Code.
Trailer parks, trailer camps or courts, park models, or park trailer parks are
subject to the provisions of Title 12, Chapter 4, Article N-T Use District of the
Deming City Code.
D. Advertising signs shall not exceed forty (40) square feet in area when
attached to a building and not extend more than one (1) foot from the surface of
the building pertaining to the character, type, ownership, or occupancy of the
building or its contents.
E. No main structure shall be permitted of less than five hundred (500) square
feet.
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F. A building or premises may be used for other commercial purposes except
the following:
1. Acetylene gas manufacture or storage
2. Acid manufacture
3. Alcohol manufacture
4. Ammonia, bleaching powder or chlorine manufacture
5. Arsenal
6. Asphalt manufacture or refining
7. Auto wrecking
8. Blast Furnace
9. Bag cleanings
10. Boiler works
11. Brick, tile, pottery or terra cotta manufacture, other than the
manufacture of handcraft products only
12. Cement, lime, gypsum, or plaster of Paris manufacture
13. Central mining plant for cement mortar, plaster or paving
materials
14. Coke ovens
15. Creosote manufacture or treatment
16. Disinfectants manufacture
17. Distillation of bones, coal or wood
18. Dyestuff manufacture
19. Explosives or fireworks manufacture or storage
20. Fat rendering
21. Fertilizer manufacture
22. Forge plant
23. Garbage offal, or dead animal reduction or dumping
24. Gas manufacture or storage
25. Glue, size or gelatine manufacture
26. Iron, steel, brass or copper foundry or fabrication plant
27. Junk, iron or rags storage or baling
28. Oilcloth or linoleum manufacture
29. Oiled rubber goods manufacture
30. Ore reduction
31. Paint, oil, shellac, turpentine or varnish manufacture
32. Paper and pulp manufacture
33. Petroleum or its products, refining or wholesale storage of
34. Plaining mills
35. Rock crusher
36. Rolling mills
37. Rubber or gutta-percha manufacture or treatment
38. Shoe polish manufacture
39. Smelting of tin, copper, zinc, or iron ores
40. Soap manufacture other than liquid soap
41. Stock yard or feed yard for animals
42. Stone mill or quarry
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43. Tallow, grease or lard manufacture or refining from, or of,
animal fat
44. Tanning, curing, or storage of raw hides or skins
45. Tar distillation or manufacture
46. Tar roofing or waterproofing manufacture
47. Vinegar manufacture
48. Wool pulling or scouring
49. Yeast plant
50. And in general, those uses which may be obnoxious or offensive
by reason of emission of odor, dust, smoke, gas, vibration, or noise
Section 11.3 Parking Regulations
A. Off street parking shall be constructed to standards acceptable to the Authority
and shall conform to provision of the American with Disabilities Act (ADA) and the
American National Standard for Accessible and Usable Building and Facilities
(ANSI).
B. Whenever a structure is erected, converted, or structurally altered for
occupancy as an apartment or for permanent or transient sleeping quarters as a
hotel, motel, or dormitory, one paved off-street parking space shall be provided
for each dwelling unit or for each hotel, motel, or dormitory; said parking spaces
to be provided within four hundred fifty (450) feet of such establishment.
C. The number of parking spaces required for other permitted uses shall not be
less than one space per each five (5) persons, based on the building capacity or
occupant load or as otherwise elsewhere in this ordinance.
Section 11.4 Area Regulations
A. Front Setback Requirements: Where all frontage on one side of a street
between two (2) intersecting streets is located in the "C" Commercial District, no
front setback shall be required. Where the frontage on one side of the street
between two (2) intersecting streets is located partly in the "C" Commercial
District and partly in a dwelling district, the front setback requirements of the
dwelling district shall apply to the "C" Commercial District.
B. A side setback is not required except:
1. On the side of a lot adjoining a dwelling district, in which case there
shall be a side setback of not less than five (5) feet.
2. On the street side of a corner lot that rears upon a dwelling district, in
which case there shall be a side setback of not less than five (5) feet.
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C. Rear Setback:
1. Where the lot abuts an alley no rear setback shall be required for one
story building.
2. Where the lot abuts an alley a rear setback of ten (10) feet shall be
provided for a two- (2) story building.
3. Where the lot does not abut an alley, there shall be a rear setback of
not less than twenty (20) feet, unless the lot is a lot of record at the time
this ordinance first became effective, and is less than one hundred (100)
feet in depth, in which case the rear setback need not exceed twenty
percent (20%) of the depth of the lot.
D. Interior Court. All interior courts shall have a width equal to at least the height
of the highest part of the building forming the court.
E. Lot Size and Intensity of Use. The intensity of use regulations shall apply to
every lot whether existing, developable or permitted use and shall have an area
of not less than one thousand (1,000) square feet for each structure.
F. Height Restriction: No building shall exceed two and one-half (2 1/2) stories or
thirty- five (35) feet except as provided in Section 3.12 of this ordinance. The
airport airspace district height limitations shall apply regardless of the provisions of
this Section 11.4.F.
Section 11.5 Special Uses
A. Adult amusement or entertainment establishment.
B. Adult book or video store.
C. Agricultural implements sales and service.
D. Auction houses and flea markets.
E. Automobile and small and large truck sales and service.
F. Heavy equipment sales and service.
G. Kennels.
H. Mobile, modular and manufactured home and office sales and service.
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I. Motorcycle sales and service.
J. One dwelling unit is permitted in any commercial use building either on the
first or main floor, or on any upper floor, except that in any commercial use
building located in a designated historic district more than one dwelling unit may
be established on the upper floor(s), subject to the following conditions:
1. The dwelling unit, if located on the main or first floor, be located at the
rear of the building and not the front of the building.
2. The floor area of any dwelling unit shall not be less than three hundred
(300) square feet, and the total floor area of all dwelling units shall not be
greater than thirty three percent (33%) of the total gross floor area of the
commercial use building at the time of application for the special use
permit.
3. No dwelling unit shall be established anywhere else on the commercial
site other than in the principal commercial building. No accessory
buildings, travel trailers, mobile home, manufactured homes, recreational
vehicle or any other structure may be used as a dwelling unit.
K. Open storage for landscape materials, sand, gravel or fertilizer.
L. Recreational vehicle sales, service and repairs, including, but not limited to,
campers, fifth wheel trailers, boats, and all all-terrain vehicles.
M. Transmission and power towers, utility substations and plants.
N. Vehicle body shops.
0. Vehicle paint shops.
P. Welding shops.
Q. Wrecker service.
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CHAPTER 12
"D" INDUSTRIAL DISTRICT
Section 12.1 District Established
The provisions set forth in this Chapter or set forth elsewhere in this ordinance, when
referred to in this Chapter, are the "D" Industrial District Provisions.
Section 12.2 Uses, Restrictions and Requirements
A. Any building or premises may be used for any industrial purpose not in
conflict with any provision of this ordinance regulating nuisances; provided,
however, that no building or occupancy permit shall be issued for any of the
following uses until, and unless, the location of such use shall have been
approved by the Authority:
1. Acid Manufacture
2. Cement, lime, gypsum, or plaster-of-Paris manufacture
3. Distillation of bones
4. Explosives manufacture or storage
5. Fat rendering
6. Fertilizer manufacture
7. Gas manufacture
8. Garbage, offal, or dead animals, reduction or dumping
9. Glue manufacture
10. Milling plants
11. Petroleum, or its products, refining of
12. Smelting of tin, copper, zinc or iron ores
13. Stockyards or feed yard for animals
14. Wholesale storage of gasoline
15. Any other uses, which might be objectionable to, or adversely
affect, nearby residential districts because of the emission of odor, dust,
smoke, gas or noise.
16. Any non-industrial use except any form or type of residential use such
as single-family dwellings, multiple-family dwellings, any manufactured
home, any recreational vehicle parks and similar uses.
B.
All residential uses are prohibited in the "D" Industrial District except a
residential use established in accordance with Section 16.21 of this ordinance.
Section 12.3 Animals
Animal use shall be the same as "A" Districts and subject to the restrictions of Table "R".
57
Section 12.4 Area Regulations
A. Front Setback: Where all the frontage on one (1) side of a street between two
(2) intersecting streets is located in the "D" Industrial District, no front setback
shall be required. Where the frontage on one (1) side of the street between two
(2) intersecting streets is located partly in the "D" Industrial District and partly in a
Dwelling District, the front setback requirements of the dwelling district shall
apply to the "D" Industrial District.
B. Lot Size and Intensity of Use: The lot size and intensity of use regulations are
the same as in the "C" Commercial District.
C. No main structure shall be permitted of less than five hundred (500) square
feet.
D. Height Restrictions: No building shall exceed three (3) stories or forty-five (45)
feet in height, except as otherwise provided in Section 3.12 of this ordinance.
The airport airspace district height limitations shall apply regardless of the
provisions of this Section 12.4.D
58
CHAPTER 13
"R" RURAL AGRICULTURE DISTRICT
Section 13.1 District Established
The provisions set forth in this Chapter or set forth elsewhere in this ordinance, when
referred to in this Chapter, are the "R" Rural Agricultural Provisions.
Section 13.2 Uses, Restrictions and Requirements
Any building or premises may be used for the following purposes:
A. Any uses permitted in the "A", "A-1", and "CD" districts.
B. Agricultural, including the construction of any buildings necessary for or
incidental to the carrying on of any agricultural related activity.
C. It is intended that all lands not classified for other zoning areas shall be
classified as "R" Rural Agricultural.
D. There are no requirements for driveways, parking, easement or dedications
for the public in the district, except those, which may lie on a section or half
section line.
E. Animal requirements as specified in Table "R."
F. Agricultural use for purposes of this District shall not include any packaging or
processing of the product other than activities related to harvesting and storage.
Section 13.3 Area Regulations
A. Buildings within this district shall conform to the area regulations as set out in
"CD" Districts.
B. No building shall be located on any building plot nearer than twenty-five (25)
feet to the front lot line, nor nearer than fifteen (15) feet to any side street line or
to an interior lot line. When lots have double frontage the required front yard shall
be provided on both streets. No building shall be located nearer than fifteen (15)
feet to an interior lot line. No dwelling shall be located on any interior lot nearer
than thirty (30) feet to the rear lot line. For the purpose of this ordinance, eaves,
steps and open porches shall not be considered as a part of any building
provided, however, that this shall not be construed to permit any portion of a
building on a lot to encroach upon another lot.
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C. Minimum lot size shall be not less than 3/4 acre.
D. No dwelling unit shall be permitted with a ground floor area of the main
structure, exclusive of one story open porches and garages, of less than eight
hundred (800) square feet.
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CHAPTER 14
NON-CONFORMING USES
Section 14.1 Nonconforming Use
For purposes of this ordinance, non-conforming use is defined in Section 2.2.
Section 14.2 Discontinuance of Nonconforming Use
In the event that a nonconforming use of any building or premises is discontinued for a
period of two (2) years, the use of the same shalt thereafter conform to the use
permitted in the district in which it is located. Discontinuance of viable business activity
is as determined by the Authority. Change of occupancy classification or use shall also
subject premises to conform to the use permitted in the district in which it is located.
Section 14.3 Alteration of Structures
No existing building or premises devoted to a use not permitted by this ordinance in the
district in which such building or premises is located, except when required to do so by
law or the provisions of this ordinance, shall be enlarged, extended, reconstructed or
structurally altered, unless such use is changed to one permitted in the district in which
such building or premises is located.
Section 14.4 Permitted Nonconforming Uses
A. The Authority may by special permit after public hearing, and subject to such
protective restrictions that it deems necessary, authorize the location of any of
the following buildings or uses in any district from which they are prohibited by
these regulations:
1. Any public building erected and used by any department of the City,
County, State or Federal Government.
2. Hospitals, clinics and institutions, except institutions for criminals, and
those for persons that are insane or have contagious diseases; provided,
however, that such buildings may occupy not over twenty-five (25) percent
of the total area of the lot and will not have any serious and depreciating
effect upon the value of the surrounding property and provided, further,
that the buildings shall be set back from all yard lines a distance of not
less than two (2) feet for each foot of building height.
3. Cemetery
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4. Community building or recreation field
5. Airport or landing field
6. Temporary commercial amusements or recreational development
7. Extraction of gravel, sand, or other raw materials
8. Industrial uses excluded from the "D" Industrial District.
9. Parking lots adjacent to, across a street from, or across an alley from a
"C" Commercial District, or a "D" Industrial District.
10. Commercial Greenhouses.
11. Temporary commercial amusement and recreational developments.
B. Before issuance of any special permit for any of the above buildings or uses,
the Authority shall refer the proposed application to the Commission, which
Commission shall be given thirty (30) days in which to make a report regarding
the effect of such proposed building or use upon the character of the
neighborhood, traffic conditions, public utility facilities and other matter
pertaining to the general welfare. No action shall be taken upon any
applications for a proposed building or use above referred to until, and unless,
the report of the Commission has been filed; provided, however, that if no
report is received from the Commission within ninety 90 days, it shall be
assumed that approval of the application has been given by the said
Commission.
Section 14.5 Validity of Non-conforming Uses
Factual determination necessary to evaluate validity of non-conforming use:
A. Determine zoning classification of area where use is located.
B. Determine if non-conforming use was operative at time of adoption of this
ordinance. (If use was not active at that time, it would not ordinarily be
considered as a valid non-conforming use under ordinance).
C. If it is determined that a non-conforming use was operative at the time the
ordinance was adopted, then determine if the non-conforming use has continued
with no inactive periods of two years or longer.
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D. Finally, determine if the present use of the premises is the same as the use of
the premises at the time the ordinance was adopted. (If the use of the premises
is not substantially the same, the grandfather' rights would terminate.)
Section 14.6 Repair of Non-Conforming Buildings
No building in need of repairs or which has been damaged by casualty loss of more
than 50% of its current appraised value shall be restored. Buildings in need of repair or
damaged by a casualty loss of less than 50% of its current appraised value may be
restored or reconstructed in the same floor plan and size of the original building.
Changes in use shall be in conformity with this ordinance. A site built residential use
building that is a legally nonconforming property at the time of a casualty loss may be
reconstructed in the same floor plan and size of the original building, regardless of
percent of repair costs or damage to appraised value. Deviations must be presented to
the Commission and approved by the Authority.
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CHAPTER15
SIGN REGULATIONS
Section 15.1 Intent
For purposes of this ordinance, the requirements and standards for signs are to
promote traffic safety, safeguard public health and comfort, facilitate police and fire
protection and aesthetics. The standards are designed to permit maximum legibility and
effectiveness of signs, and to prevent their over-concentration, improper placement, and
excessive height, bulk and area.
Section 15.2 General Regulations
The following provisions regarding signs shall pertain to all zoning districts:
A. No sign shall be supported, in whole or in part, from within any street or alley.
B. No part of any free-standing sign shall be erected within or project over any
part of a street, alley or other public right-of way, unless such sign locations is
granted by a valid permit issued by the Authority.
C. No sign shall be erected, relocated or maintained so as to prevent free ingress
to or egress from any door, window or fire escape, nor shall any sign be attached
to a standpipe or fire escape.
D. No sign shall be erected or maintained at or near any intersection of streets,
alleys or other public right-of-way in such a manner as to obstruct free and clear
vision; or at any location where, by reason of its position, shape, color, or
illumination it may interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal or device, or with any device mounted on a police
or fire protection vehicle.
E. Every illuminated sign shall be so placed as to prevent glare or reflection from
being cast on any adjoining residential district, or any beam or ray of light from
being directed at any portion of a public street, alley or other right-of-way.
F. The provisions of this Chapter shall not apply to tablets of metal, stone or
other incombustible material when built into or attached to the walls of a building
or structure; provided that such tablets shall not exceed requirement of Uniform
Sign Code (USC).
G. If any sign is permitted to be illuminated, such illumination shall be neither
intermittent nor flashing and it shall not be a nuisance in any manner.
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H. Other sign provisions notwithstanding, the provisions of this chapter shall not
be construed to prohibit or restrict the erection and maintenance of traffic control,
directional or informational signs by governmental and utility officials.
I. Upon receipt of application and proof of need, an extension of removal time
may be approved for subdivision development and contractor's signs, provided
that such extension shall not exceed six (6) months beyond the removal date
otherwise required by these zoning regulations.
J. Other sign regulations notwithstanding, the provisions of this chapter shall not
be construed to prohibit or restrict the erection and lighting of Christmas displays
or the campaign signs of person seeking public office.
K. Signs shall provide date posted and point of contact.
L. All signs placed in any zoning district shall be subject to the standards set forth
in the Uniform Sign Code 1997 edition. Provisions of the Uniform Sign Code that
are in conflict with the provisions provided in this regulation shall be
superseded by this regulation. Prior to all signs being placed or constructed a
sign permit issued by the administering authority must be obtained. Exceptions to
the sign permit requirement are extended to temporary political signs, temporary
real estate signs, and temporary promotional event signs.
Section 15.3 Measurement of Signs
A. The area of signs composed of individual fabricated or painted letters mounted
directly on a building facade without painted or other background shall be
computed by measuring the squared-off area of individual letters and adding fifty
(50) percent.
B. For all other types of signs, the area shall include the entire area within a
single continuous perimeter enclosing the extreme limits of the sign; provided,
however, that such perimeter shall not enclose any structural elements located
outside the limits of the sign and not forming an integral part of the display.
C. A spherical, double-faced or multi-faced sign shall be counted as one (1) sign,
and its measured area shall be the maximum surface, which is visible from any
single viewing position on or above the ground.
Section 15.4 Subdivision Name Signs
Permanent, non-illuminated, freestanding signs containing only the name of a
subdivision shall be permitted; one (1) such sign on each side of any entrance to a
subdivision may be installed. Maximum size shall not exceed 32 square feet.
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Section 15.5 Non- Accessory Signs
In addition to signs specifically authorized in Commercial, I n d u st ria l and
Agricultural Districts, there are hereby authorized one (1) or more non-accessory signs
with advertising copy having a maximum area of any single face not exceeding six
hundred (600) square feet; no such sign shall be placed closer than three hundred
(300) feet to any other such sign on the same side of the street; no sign shall exceed
thirty-five (35) feet in height above grade; and such signs may be illuminated. Spacing
distances shall be measured along the nearest edge of the pavement to a point
directly opposite the non-accessory sign.
Section 15.6 Temporary Signs
A. Political Signs:
1. Political signs shall be permitted in all zones.
2. Such signs shall not exceed 8 square feet (0.74m2) in area and shall
not exceed 42 inches (1077mm) in height, provided that these restrictions
shall not apply to lawfully established billboards.
3. Political signs shall not be placed within any public right-of way.
4. Political signs established in violation of this section may be
immediately removed by the code enforcement official.
B. Portable Signs:
1. Portable signs shall not exceed 32 square feet (2.48m2) in area. Such
square footage (m2) shall be applied and calculated as part of the total
square footage (m2) permitted for all business signage permitted for the
business or property.
2. Such signs shall be displayed no more than 45 days during any single
calendar year.
3. There shall be no more than one portable sign per parcel of property or
business, whichever is lesser, permitted at any one time.
4. Electrification of all portable signs shall be in compliance with the
National 5. 5. Electrical Code as adopted by the state.
5. A portable sign shall not be established or placed prior to obtaining a
sign permit.
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C. Real Estate Signs:
1. Real Estate signs shall be permitted in all zones, provided that all such
signs shall be located on the property to which they apply, except as
provided for in Item 4 of this section.
2. Such signs shall conform with the following maximum
requirements: 4 square feet in area for the first 10,000 square feet
m2) for the first 1,000 m2) in lot area, plus 4 square feet for
additional 10,000 square feet (0.40m2 for the first 1,000 m2) of lot
not to exceed 32 square feet (2.97 m2).
size
(0.40
each
area,
3. Real estate signs shall be removed upon closing of the sale.
4. In addition, real estate signs advertising the sale of lots located within a
subdivision shall be permitted provided that there shall be no more than
one sign per entrance, and each sign shall be no greater than 32 square
feet (2.97 m2) in area, no greater than 8 feet (2438 mm) in height, and
erected no longer than a period of one year. Such signs may be installed
off premises in order to direct visitors to the property.
D. Special Sale Signs:
1. Sale and grand opening signs shall be permitted in all zones provided
that such signs are displayed no more than 15 consecutive days for every
three months. Such signs shall be removed immediately upon termination
of the sale or event that they advertise.
2. All such signs must be attached to the façade wall or window of the
building occupying or conducting the sale or event, which they advertise.
3. No business shall have more than two such signs for each façade or
wall of the building to which they are attached.
4. The total sign size shall not exceed 50 percent of the size of the
permitted façade sign or 4 square feet (0.37 m2) in area, whichever is
greater.
E. Promotional Event Signs:
1. Promotional event signs advertising a special community event such as
a fair, farmer's market or parade may be permitted to be located over
public right-of-way. The size, location and method of erection of such
signs shall be subject to approval by the public works director pursuant to
good engineering practices and shall be consistent with the paramount
purpose of public right-of-way to provide safe and convenient traffic
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circulation. Alternatively, such signs may be permitted to be attached to
the wall of a building subject to approval by the code official.
Section 15.7 Enforcement
It shall be unlawful for any person, firm or corporation to erect, alter or relocate within
the area covered by these provisions, any sign as defined herein, except as provided by
this ordinance.
Section 15.8 Removal of Certain Signs
Any sign existing on or after the effective date of these zoning regulations which no
longer advertises a bona fide business conducted, a product sold, or services rendered,
shall be removed by the owner, agent or person having the beneficial use of the
property or building on which such sign is located within ten (10) days after written
notification from the Administering Authority. Upon failure to comply with such notice
within the time specified, the Administering Authority is hereby authorized to cause
removal of such sign at the expense of the owner of the building or property on which
such sign is located by legal proceedings, if necessary.
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CHAPTER 16
PLANNED UNIT DEVELOPMENT
Section 16.1 Purpose and Intent
The purpose and intent of Planned Unit Development is to:
A. Provide a viable alternative to the conventional approach to zoning to produce
a more creative and innovative development than would otherwise be possible by
a strict adherence to standard zoning regulations.
B. Allow for the design of developments that are architecturally and
environmentally innovative, and that achieve better utilization of land than is
possible through a strict application of standard zoning controls.
C. Encourage land development that conserves the natural environment.
D. Provide for a diversified mix of different land uses in a compatible fashion.
E. Allow greater flexibility in achieving desired residential densities, placement of
buildings, arrangement of open space, vehicular and pedestrian circulation, offstreet parking facilities and other design features.
F. Provide greater choices in living environments.
G. Ensure development is compatible and congruous with adjacent developments.
H. Promote efficient use of land and infrastructure.
I. Contribute to the general prosperity, health, safety and welfare of the
community, and provide a form of development that is compatible with the goals
and objectives of the community.
Section 16.2 Applicability
A. Only sites meeting the following requirements are eligible for development as
a planned unit development (PUD) in accordance with the provisions of this
chapter:
1. As a general development guideline, the overall site shall consist of a
minimum gross area of ten (10) contiguous acres.
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2. The entire property proposed for development as a PUD shall be under
common ownership or unified control to ensure unified and orderly
development.
3. As a general development guideline, the proposed PUD shall consist of
no less than ten (10) residential dwelling units.
Section 16.3 General Standards
A. A Planned Unit Development (PUD) may be established in any residential
zone.
B. A PUD may include any residential use or combination of residential uses
permitted in any of the residential zones except B-1.
C. A maximum of ten percent (10%) of the land area in a PUD may be
developed and used for commercial purposes provided that such commercial
uses are designed and located to serve primarily the residents of the proposed
PUD.
D. An application for a PUD and an application for subdivision approval should
proceed and be considered at the same time. However, such dual submissions,
while not mandatory, are strongly recommended. Should a developer elect
initially to submit an application for subdivision approval only, and at a later date
submit a PUD application, the developer may be faced with retrofit requirements
which may have been avoided had the dual submission of applications been
followed.
E. If a property is not already subdivided, with an approved plat in place, the
applicant shall follow the regulations set out in this ordinance.
F. The Authority may require the provision of easements necessary for the
orderly extension of public utilities to serve future adjacent developments.
G. The Authority is not obligated to approve any level of intensity of development
proposed in the PUD. On the recommendation of the Commission, or on its own
volition, the Authority may impose any conditions it deems necessary or
appropriate to assure the proposed
PUD will be compatible with
surrounding existing or proposed uses. In addition, the Authority on its own or
on recommendation of the Commission may impose any conditions it deems
necessary or appropriate to ensure the compatibility of the proposed
development as well as the health, safety, and welfare of the community.
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H. The Authority, on its own or on recommendation of the Commission, may
change, alter, modify, vary, or waive any residential district provision of this
ordinance, as it sees fit, to apply to a PUD.
No such change, alteration,
modification, variance or waiver shall be approved unless the Authority finds that
such change, alteration, modification, variance or waiver shall:
1. Achieve the purposes set out in Section 16.1.
Any such changes shall not be viewed as precedent setting, nor do they commit the
Authority to apply similar changes to future PUD applications, except as the Authority
may deem appropriate, at its sole discretion. Each PUD application is considered
unique.
Section 16.4 Development Standards
A. No yards or setbacks or minimum lot areas are required in a Planned Unit
Development (PUD) except as provided in Section 5A.4B below.
B. The Commission may require a buffer strip to be provided along the outer
perimeter of the PUD. Such buffer shall be left in a natural state, or it may be
landscaped in a formal manner.
The buffer shall be of adequate width to
maintain compatibility with adjacent existing areas whose setbacks were based
on the standards of the underlying zone. Purchasers of lands that contain the
buffer area shall have a provision in their warranty deed, or a provision in the
restrictive covenants, requiring the retention and maintenance of such buffer
area, by either the homeowner or the homeowners association.
C.
The intensity of residential development in a PUD shall be established,
initially, by applying the permitted densities set out in the table below:
Zone District
A Single Family Dwelling District
A-1 Single Family Dwelling District
B Multiple Dwelling District
CD Country Dwelling District
R Rural Agricultural District
Density in dwelling units (du) per
gross acre (unless otherwise specified)
4.98 du/acre with City of Deming water
and sewer available, otherwise 1.3 du/acre
3.75 du/acre with City of Deming water
and sewer available, otherwise 1.3 du/acre.
17.42 du/acre
1.3 du/acre
1.3 du/acre
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The above permitted densities shall act as a guide. As a general guideline, however,
the Planned Unit Development may exceed these basic densities by as much as thirty
percent (30%) in the A and A-1 Districts, and by as much as twenty percent (20%) in the
B District. If approved community water and community sewer systems are provided in
the CD and R Districts, densities may be increased to 3.75 dwelling units per gross
acre.
Increases in density may be allowed only if the applicant can demonstrate the following:
1. That the increased density will result in a more creative or compact
design that will produce a more interesting development, or will protect
some significant features of the natural environment.
2. That the increased density will result in additional common open space
for passive or active recreation in addition to the basic five percent (5%)
required in Section 5A.4 E, below.
3. That the increased density will not place a burden on the capacity of
roads, water, sewage and drainage facilities.
4. That the increased density will
developed or developing areas.
not negatively impact adjacent
D. Building heights shall be controlled by the height limits set out in the
underlying zone district.
E. A PUD shall provide a minimum of five percent (5%) of the total land area in
common open space for active and passive recreation.
F. Buildings and streets shall be designed and located to take advantage of and
complement the natural terrain.
G. A PUD shall be served by the City water system or a private community water
system.
H. A PUD shall be served by the City's wastewater treatment system or a private
sewage treatment system. A cluster sewage treatment system may be
considered.
I. Individual wells and individual sewerage systems (septic tanks) are prohibited
in a PUD.
J. Storm water shall be retained on site.
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K. Adequate off-street parking shall be provided for each dwelling unit in quantity
and in locations that do not promote the parking of vehicles in a manner that
blocks any part of a traveled road, street or a pedestrian walkway.
L. Sight lines at road or street intersections shall be maintained for the safety of
both vehicular and pedestrian movement. No buildings or other structures or
vegetation shall be located so as to block sight lines at such intersections.
M. Every dwelling unit shall have access to a public or private street, via
laneways, pedestrian walkways, or other access related easements.
N. The Authority or the Commission may require a traffic impact study from the
PUD applicant if in its opinion the increased density requested is such that
street capacities may be negatively affected by increased traffic or that the
safety and enjoyment of the living environment may be negatively impacted.
O. Street lighting may be required by the Authority on recommendation of the
Commission.
P. The Commission may recommend, and the Authority may impose, any other
development standard it deems necessary or desirable.
Section 16.5 Findings of Fact
The Commission shall, after a public hearing, set out for the Authority the reasons for
the recommendations, and said recommendation shall set forth with particularity the
respects in which the proposed Planned Unit Development (PUD) would be in the public
interest, including, but not limited findings of fact of the following matters:
A. In what · respects the proposed PUD is consistent with the stated purposes
and intents set out in Section 16.1.
B. The extent to which the proposed PUD meets the development standards set
out in Section 16.4.
C. The extent to which the PUD will produce a development of higher quality
than would otherwise be possible by a strict application of specific zone district
regulations.
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D. The extent to which the PUD produces an innovative arrangement of
buildings, residential uses, and open spaces to provide efficient, attractive,
flexible, creative design.
E. The extent to which the PUD will result in a development that will function as
a cohesive, unified development.
F. The extent t o which the PUD is compatible with adjacent existing
developments or proposed developments.
Section 16.6 Required Submissions
An applicant requesting consideration of a Planned Unit Development shall submit the
following information to the Commission:
A. A completed letter of application accompanied by the required fees as set by
the Authority from time to time.
B. An accurate legal description of the lands to be developed as a Planned Unit
Development (PUD).
C. A site plan drawn to scale showing the following:
1. Boundaries and dimensions of the property.
2. Lot and block layout.
3. Building locations
housing, duplexes,
apartments and any
types. Where there
may be illustrated.
and building footprints for any proposed single family
town housing, apartments, patio homes, garden
cluster development involving any of these housing
is some repetition in design layout, typical layouts
4. The location of any proposed commercial buildings and their layout
including parking and landscaping.
5. Building elevations if required by the Administering Authority Staff or
the Commission.
6. Location and layout of streets, pedestrian paths or trails.
7. Proposed setbacks or building envelopes.
8. Off-street parking arrangements as required.
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9. Treatment of street intersections and sight lines.
10. Location of proposed common open space, including the location of
buildings, recreational equipment, activity areas, and passive areas.
11. Any proposed phasing of the PUD.
12. Any other information deemed pertinent by the Administering Authority
Staff or the Commission.
The above information may be shown on more than one drawing if that is more
convenient and appropriate.
A minimum of five (5) sets of the plans required by sub-sections 16.6 C, D, E, F and G
shall be submitted by the applicant. Two (2) sets shall be on 18"x 24" or 24"x 36"
standard sheets. The remaining three (3) sets may be photographic reductions
provided that such reductions are readable.
D. Topographic plan showing existing contours overlying the proposed lot and
block development pattern. This information may be integrated with the site plan
drawings. As a general guideline, the contour interval used on topographic plans
shall be one (1) foot.
E. Preliminary servicing drawings showing the location and size of water lines,
sanitary sewers, and water hydrants.
F. Grading and drainage plans.
G. Street improvement plans showing right-of-way and pavement widths and
street grades.
H. A written narrative that describes the nature of the project, its special design
features, proposed housing types, and scale of development (densities
proposed, height, building coverage), special design considerations because of
topographic features or specific environmental conditions. The narrative shall
address those matters set out in Section 16.5, Findings of Fact. The narrative
should include the applicant's description of the benefits of this development to
the area described in Section 1.3, and it should also address issues of
compatibility of the proposed development with adjacent existing or proposed
development.
I. A table listing the acreages and percentage of land being used for residential
uses, commercial uses and open space uses.
J. A table listing the density of residential development by development area or
sub-area, and by dwelling unit type; and, land coverage by acreage and
percentage for landscaped areas, natural open space, common open space and
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recreations facilities designed for the residents, building coverage, parking areas,
streets, and pedestrian walkways (trails, sidewalks).
K. The restrictive covenants proposed.
L. Any other information deemed necessary in the circumstances by the
Administering Authority Staff or the Commission or the Authority.
Section 16.7 Procedure
A. Pre-Application Conference. The pre-application conference is mandatory
and no fee is required. The purpose of the pre-application conference is to
provide the applicant with information about the City's Planned Unit Development
(PUD) procedures in the area of the proposed PUD. It is also to provide the
Administering Authority with the opportunity to provide the applicant with
information about planning issues, or servicing issues, or other issues that may
arise. It is an opportunity for the applicant to informally discuss with the
Administering Authority Staff details of his/her concept and to obtain some
preliminary comments from the said Staff. Nothing is binding on either party
at this stage of the process. The applicant is encouraged to provide the
Administering Authority a concept plan showing the development proposed in
advance of the meeting.
B. Submission of Application. The applicant shall submit a completed, signed
application together with all the information required in Section 16.6.
The application shall be signed by all owners (or a homeowners
association authorized representative in the case of an existing subdivision) of the
property to be developed and the principals of the development company, if
other than the property owners.
C. Review of Application and Documentation: The Administering Authority. Staff
will review the application and information submitted for completeness.
The
applicant will be advised if any information is missing. It is at this stage that the
Staff may request additional information to more adequately address an issue.
D. Review by Administering Authority Staff. Staff will review the plans and
supporting information and prepare a report for consideration by the Commission.
E. Review by Commission. The application for consideration of the Planned Unit
Development will be placed on the agenda of the Commission within forty-five
(45) days of the date of receipt of a complete application. The Commission
shall solicit public input on the PUD application and property owners within two
hundred (200) feet of any boundary of the PUD shall be notified of the date
and time of any meeting.
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F. Commission Request for Additional Information. Based upon the review of
the application by the Commission, and based upon the input of the public,
the Commission may request additional information of the applicant on
specific issues of concern. The Commission shall consider the additional
information at its next scheduled meeting following receipt of the additional
information.
Commission Recommendation. Following the procedure in either E. or F.
above, the Commission shall recommend approval, conditional approval or
denial of the application.
G.
A recommendation for denial shall show cause and shall be based upon findings
of fact as set out in Section 16.5.
A recommendation for approval to the Authority shall set out the reasons for such
recommendation based on findings of fact as set out in Section 16.5.
The Commission may recommend to the Authority specific conditions to the
approval of the application that it deems appropriate and the reasons for such
conditions. Such conditions may include the requirement for the applicant to
enter into a development agreement with either the City of Deming or Luna
County and may include a requirement for a performance bond or like guarantee
to ensure the applicant will perform certain works.
H. Authority Consideration. After public notice and public hearing, the Authority
may approve or deny the PUD application as recommended by the Commission,
or said Authority may alter, change, modify or waive the recommendation or any
part of the recommendation as it deems appropriate. The said Authority may
require changes to the plan or the conditions prior to granting final approval.
I.
Approval of Ordinance by the Authoritv. An approved Planned Unit
Development shall be adopted by an ordinance that approves the PUD as an
overlay district in the Zoning Ordinance, and the approved PUD Plan shall be
recorded as an appendix to an approved subdivision plat, if applicable.
Section 16.8 Abbreviated Procedure
A. An abbreviated procedure may be allowed in dealing with applications for
Planned Unit Developments where such applications deal with already approved
plans of subdivision and where the applicant seeks to bring his subdivision into
conformity with zoning regulations or where an applicant is desirous of amending
his plan of subdivision to produce a more creative and interesting development
than would be possible under existing zoning regulations.
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B. Notwithstanding the provisions of Section 16.8 A. above, the abbreviated
procedure is not to be construed as a matter of right by a prospective applicant.
The determination of the eligibility of an existing plan of subdivision for the
abbreviated PUD procedure shall be in the sole discretion of the Authority, with
the advice of the Commission. In exercising its discretion, the said Authority
shall consider such matters as the age of the subdivision, the amount or level of
infrastructure already in place, the benefits to be derived by the community
through a Planned Unit Development designation, and any other matter the
said Authority deems appropriate in the circumstances.
C. Under this abbreviated process, the following information shall be submitted
with the letter of application:
1. A site plan showing all the information set out in Section 16.6 C.
2. A brief written narrative describing the project.
3. A table setting out the acreages and percentage of land being used for
residential, commercial, and open space uses.
4. A table setting out the residential densities proposed in accord with
Section 16.6 J.
5. Any other information the Authority or Commission believes necessary
in the circumstances.
D. The Commission may dispense with the solicitation of public input and make
a recommendation to Authority. The Authority shall then hold a public hearing
on the matter.
E. An approved Planned Unit Development shall be adopted by an ordinance
that approves the PUD as an overlay district in the Zoning Ordinance, and the
approved PUD Plan shall be recorded as an appendix to the approved
subdivision plat.
Section 16.9 Amendments
An approved Planned Unit Development (PUD) shall be developed only in accordance
with the approved final plan and adopting ordinance. Changes to the adopted PUD
Plan may be made, after receipt of a written request by the developer, as follows:
A. Major Changes. Changes which alter the concept and intent of the Planned
Unit Development, including, but not limited to, increases in density of ten
percent (10%) or more, reductions of open space, changes in road layout or
standards, changes in building heights of one story or more, an increase in land
area for commercial use beyond the ten percent (10%) permitted by Section 16.3
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C.; changes in the layout and design of the PUD so as to alter the original basis
for approval of the PUD, including, but not limited to, changes in land areas
devoted to specific dwelling types or concepts (e.g. garden apartments) of ten
percent (10%) or more. Major changes in the Planned Unit Development may be
approved only by amendment to the original ordinance adopting the PUD, which
shall require review and public hearings by both the Commission and the
Authority. The amending ordinance shall be dated and filed with the original
ordinance and, if applicable, shall be recorded as an appendix to an approved
subdivision plat.
B. Minor Changes. Minor changes shall be any change not defined as a major
change as set out in Section 16.8 A. Minor revisions to the PUD plan or
conditions may be recommended by the Commission. The Authority is not
required to hold a public hearing for minor changes. The said Authority, on the
advice of the Commission, may determine that a requested minor change(s)
when considered with previously approved minor changes may constitute a major
change.
Approved minor changes shall be shown on a revised site plan or as an
amended set of conditions and such approved revisions shall be dated and filed
with the original PUD documents, and, if applicable, recorded as an appendix to
an approved subdivision plat.
C. Term of Approval. The approved PUD plan shall remain in effect for two (2)
years from the date of final approval. If, in the opinion of the Commission, no
significant construction in the form of building construction, or the required or
agreed-to infrastructure improvements have taken place within the two (2) year
time frame, the applicant shall resubmit the plan with all supporting
documentation, updated as necessary to reflect then current PUD requirements,
for approval. The approval process shall include the solicitation of public input by
the Commission and a public hearing by· the Authority. Previous
recommendations by the ETZ Commission or actions taken by the said Authority
on previous application(s) shall not necessarily affect the resubmitted application.
D. Whenever the word "infrastructure" is used in this chapter, it shall mean
road/streets, curb, gutter, sidewalks, water systems, storm water drainage
facilities, fire hydrants, electric, telephone, and cable lines, streetlights,
and similar facilities; but "infrastructure" shall not include fences, decorative
walls, entry gates, or similar facilities.
E. The Authority, with input from the Commission, upon formal written request of
the applicant, may grant an extension of not more than one (1) year to the
approval of the PUD Plan and conditions. The applicant shall show good
cause why the extension should be granted and specify the potential impact on
the area described in Section 1.3 if the request is approved/disapproved.
·
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CHAPTER 17
SPECIAL USE PERMIT
Section 17.1 General Provisions
A special use is a use that is not permitted by right in a zoning district. It is an approved
use with conditions requiring a Special Use Permit. A Special Use Permit requires a
public hearing, review, and approval by the Commission and Authority to determine the
impacts on the surrounding area.
Section 17.2 Procedure
A. Applications: Applications for a Special Use shall include the following
information:
1. Application and Fees
2. Comprehensive statement indicating the reasons for the request, the
use of the property, and a list of all improvements to be made or animals
to be kept.
3. Site Plan to include if applicable:
a. Locations of existing and proposed structures including dimensions.
b. Property boundary.
c. Setbacks.
d. Parking requirements.
e. Zoning of applicant property and adjacent property within 200 ft.
f. Width of right-of-ways, access easements, and paving widths.
g. Existing and proposed vehicle traffic patterns. Circulation patterns to
storage areas, service areas, loading areas, and major points of
access.
h. Utility easements.
i. Existing and proposed landscaping. Proposed buffer areas and open
spaces.
j. Exterior and site lighting.
k. Signage.
I. List of all property owners and mailing addresses within 200' of the
applicant property.
m. Location of proposed drainage structures.
n. Upon request of the authorizing authority a drainage study and /or
any other studies as may be recommended.
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Section 17.3 Public Notice, Public Hearing, and Approval
A. Public Notice
1. The authorizing authority shall notify all property owners within 200 feet
of the applicant property by certified mail of the request for Special Use
Permit and the meeting date, time and location at which the application is
to be considered.
2. Public notice shall be in accordance with "Public Notice Policy" as set
forth by the authorizing authority.
3. Posting of Signs - Sign requirements shall be posted facing each
means of public access bordering the applicant property. Signs shall be
posted and maintained by applicant. The Applicant shall provide notarized
certification of signs being posted continuously for twenty-one (21) days
prior to the Commission meeting.
B. Public Hearing
1. The Commission shall hold a public hearing for all Special Use
Permits.
2. A representative of the applicant must be present at the Commission
meeting for review of the application to proceed.
C. Approval
1. The Commission may recommend the approval of a Special Use
Permit and may recommend that approval be granted
under
such
conditions necessary to carry out the intent of this Chapter and to protect
the health, welfare and safety of persons, and the value of property, within
the area described in Section 1.3.
2. All improvements to be made to property pursuant to a Special Use
permit shall be approved only in accordance with the authorizing authority
then existing development standards for the zoning district in which the
subject property is located.
3. The Commission is an advisory body and the approval or disapproval
of the Special Use Permits, and any variances related thereto,
will be determined by the Authority.
4. Right of appeal by the Applicant to denial of a Special Use Permit or to
additional conditions placed on the Special Use Permit by the
Commission is to Authority. All appeals shall be pursuant to Chapter 18.
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Section 17.4 Time Limits and Expiration
A. The Commission may impose a time limit on the Special Use Permit.
B. A Special Use Permit shall be required to be resubmitted for approval
should ownership of property change. Should a change of ownership occur
with a Special Use Permit in place, the resubmission of the Special Use
Permit shall be reviewed under the requirements in place at the time that the
existing permit was approved.
C. Upon expiration of a Special Use Permit, a new application for Special
Use Permit shall be required. This application shall be reviewed under the
Special Use requirements in existence at the time of this new application.
Section 17.5 Revocation
A. If a certificate of occupancy is not issued and/or business registration
within two (2) year of the Special Use Permit, the Special Use Permit may be
revoked by official action.
B. If a special use is discontinued for one (1) year, the Special Use Permit
shall be revoked.
C. The authorizing authority shall not be required to notify the landowner of
any pending revocation or the change in status of the property due to
action as referenced in 18.05(A) and (B).
D. The property owner shall bear sole responsibility for re-applying, renewing,
or maintaining the Special Use Permit in good standing.
Section 17.6 Revisions to Special Use Permit
A. Minor Revisions
1. Administering Authority staff shall recommend approval or denial of
minor revisions to the Authority. Revisions shall include but not be
limited to:
a) Additional parking or landscaping.
b) Minor revisions to parking, landscaping, lighting, and signage.
c) Minor revisions to size and orientation of structures.
2. The Authority may approve with authorizing authority staff
recommendation minor revisions to the site plan.
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B. Major revisions shall include but not limited to:
1. Major revisions to the Special Use Permit shall require a public hearing
and are subject to approval under the Special Use requirements in
existence at time of submission for approval of revisions.
2. Major revisions shall include but not limited to:
a) Any change in land use or intensity.
b) Modifications of traffic volumes or patterns.
c) Increase in size of subject property.
d) Change in location, size, or configuration of structures.
Section 17.7 Recording of Special Use Permits
A. Upon approval by the Authority, the Special Use Permit shall be issued by
the authorizing authority staff and shall include all conditions, information,
reference to site plan, and all other provisions of the Special Use Permit.
B. The authorizing authority staff shall indicate location of all Special Use Permits
on the Official Zoning Map by noting property with a "SU" designation and
reference date of expiration if applicable. Special uses are not consider a zone
change.
Section 17.8 Additional Special Use Requirements
A. General Conditions
1. Access streets to applicant property shall be paved.
2. Access to applicant property shall be by primary streets or streets
shown to be of principal service to commercial properties.
3. Parking areas shall be paved.
4. Utilities shall be in place or extended to serve property.
5. A six (6) foot high visual barrier with twenty-five (25) foot buffer area
shall be required along any boundary common with residential or
multifamily property.
6. Building and structures shall not exceed the height limits as established
in Chapter 11.
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7. Transmission and power towers shall have one additional foot of
setback from lot lines in excess of the established setback for zoning
district for each foot of structure above thirty-five feet (35').
B. Adult Bookstore and Video Store
1. Such use shall have a property line a minimum of one thousand (1,000)
feet from the property line of a:
a) School.
b) Church.
c) Nursery/day care center.
d) Public park or recreation facility.
e) Residential zoning district.
2. Such use shall have a property line a minimum of five hundred (500)
feet from the property line of a liquor establishment.
3. The operator/owner shall affix a sign to the exterior wall nearest the
primary entrance warning in two (2) inch letters that the business within is
sexually oriented.
C. Adult Amusement Establishment
1. Such use shall have a property line a minimum of one thousand (1,000)
feet from the property line of a:
a) School.
b) Church.
c) Nursery/day care center.
d) Public park or recreation facility.
e) Residential zoning district.
2. Such use shall have a property line a minimum of five hundred (500)
feet from the property line of a liquor establishment.
3. The operator/owner shall affix a sign to the exterior wall nearest the
primary entrance warning in two (2) inch letters that the business within is
sexually oriented.
D. All Vehicle Service Areas
1. All facilities that shall be used for storage of vehicle parts, wrecked
vehicles, or vehicles partial dismantled for repair or salvage, shall be
required to have a eight (8) foot high visual barrier around these areas.
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E. Kennels
1. Kennel structures shall be a minimum of one thousand (1,000) feet from
any residential zoning district.
F. Painting Shops
1. Such uses shall have a property line a minimum of one hundred (100)
feet from any residential zoning district.
2. Approval granted by Fire Department.
G. Welding Shops
1. Such uses shall have a property line a minimum of five hundred (500)
feet from any residential zoning district.
2. Approval granted by Fire Department.
3. All facilities that shall be used for storage of materials shall be required
to have a six (6) foot high visual barrier around these areas.
H. Wrecker Service
1. Storage of vehicles or vehicle parts is not permitted.
Section 17.8 Applicability
A. These regulations shall be binding upon all usages herein referenced except
for those properties with usages established by a valid business license at time
of implementation of ordinance. Usages in existence by valid business license at
time of implementation shall be allowed to continue as per application of Sections
17.4, 17.5, and 17.6, A. Application of 1,7.6, B shall require business and/or
property to be brought into compliance with regulation.
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CHAPTER 17A
BUILDING PROVISIONS
Section 17A.1 Adoption of International Building Code and Other Codes
Each and all of the regulations, provisions, penalties, conditions, terms and all
appendices of the latest:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
International Building Code - 2003
International Residential Code- 2003
New Mexico Commercial Building Code
New Mexico Residential Code
National Electric Code- 2005
New Mexico Earthen Building Materials Construction Code (Phase Ill)
New Mexico Non-Load Bearing Straw Construction Building Code
(Phase Ill)
New Mexico Plumbing Code
Uniform Plumbing and Mechanical Code- 2003
New Mexico Mechanical Code
New Mexico Electrical Code
New Mexico Electrical Safety Code (Phase Ill)
Manufactured Housing Division Rule and Regulations
International Fire Code, 2003 including Appendix B-Fire flow
requirements for buildings, Appendix C-Fire hydrant locations and
distribution, and, Appendix D- Fire apparatus access roads.
Are hereby referred to, adopted and incorporated as fully as if set out verbatim herein
and any amendments thereto, including any and all editions thereof.
Section 17A.2 Copies of Codes Available for Inspection
One or more copies of applicable codes adopted in Section 17.A.1 of this ordinance
shall be available and subject to inspection at all reasonable times in the office of the
Luna County Building Official.
Section 17A.3 Building Official
Section 17A.3.1 Duties
It shall be the duty of the Luna County Building Official, as appropriate to:
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A. Receive applications required for building permits or manufactured home
installation
B. Inspect premises for which permits have been issued, and make the
necessary inspections to ensure that the provisions of the law are complied with.
C. Enforce all laws relating to the construction, alteration, repair, removal,
demolition, equipment, use and occupancy, location and maintenance of buildings
and structures, except as may be otherwise provided for.
D. When requested by the Authority, make investigations in connection with
matters referred to in this ordinance and render written reports on the same.
E. Issue such notices or orders as may be necessary for the purpose of enforcing
compliance with law.
F. Enforce all codes, rules, regulations and other provisions set out in said
Section 17.A.1 of this ordinance.
Section 17A.3.2 Inspections
Section 17A.3.2.1 Inspections; General
Inspections shall be made by the Building Official or his/her designee.
Section 17A.3.2.2 Inspection Requests
A. It shall be the duty and responsibility of the permittee doing the work
authorized by a permit to notify the Building Official when such work is ready for
inspection. The permittee shall make such request to the Building Official for
inspection at least forty-eight (48) hours before such inspection is desired. Such
request shall be in writing or by telephone or by facsimile at the option of the
permittee and shall include the project address, the permit number, and the
specific type of inspection requested.
B. The Building Official shall make the inspection and shall either approve that
portion of the construction as completed or shall notify the permittee with a
correction notice of any necessary modifications or any violations.
Section 17A.3.2.3 Building Inspections
The following applies to general construction only.
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A. Foundation/Concrete slab inspection. To be made after excavation for
footings are complete and any required reinforcing steel is in place; and after all
rough-in plumbing or electrical equipment, and other equipment items (if
applicable) are in place and approved, but before any concrete is placed.
B. Frame inspection. To be made after the roof, all framing, fire blocking and
bracing are in place and all pipes, chimneys, and vents are complete and the
rough electrical, plumbing, and heating wires, pipes, and ducts are in place,
inspected, and approved. If the building or structure is utilizing a plaster/stucco
facing, a lath inspection shall be required. Lath installation must be started, not
necessarily complete, prior to requesting a frame inspection.
C. Insulation inspection.
completed and approved.
To be made after the frame inspection has been
D. Final inspection. There shall be a final; inspection and determination made
as to approval/disapproval of each permitted buildings and structures when ready
for occupancy or other use. Final inspection is to be made after finish grading,
completion of paved parking/landscaping/drainage, and final approval from
electrical and mechanical/plumbing, and the building is completed and ready for
occupancy or other use.
E. Approval required.
Work shall not be done beyond the point indicated in
each successive inspection without first obtaining the approval of the Building
Official or his/her designee. The building, mechanical/plumbing and electrical
inspectors shall make the requested inspections and shall either indicate that
portion of the construction to be satisfactory as completed or shall notify the
permittee or his agent with a correction notice of any necessary modifications
and/or violations. Any portions that do not comply shall be corrected, and such
portions shall not be covered or concealed until authorized by the
Building Official or his/her designee.
Section 17A.3.3 Records
A. Certain Records To Be Kept: The Building Official shall keep careful and
comprehensive records of applications, of permits issued, of certificates issued,
of inspections made, of reports rendered and of notices or orders issued. He
shall retain on file copies of all papers in connection with building work so long as
any part of the building or structure to which they relate may be in existence.
B. Records Open to Inspection: All such records shall be open to public
inspection during normal business hours, but shall not be removed from the
office of the Building Official.
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Section 17A.3.4 Cooperation of Other Officials
A. Request Assistance: The Building Official may request and shall receive, so
far as may be necessary in the discharge of his duties, the assistance and
cooperation of authorized County officials in fixing grades, of the chief of in
enforcing orders, of the county attorney in prosecuting violations, and of other
officials as needed.
B. The Commission: The Commission shall act in an advisory capacity to the
Board of Appeals (the Authority as per Section 18.1 of this ordinance), in any
appeal taken under the provisions of this title but shall exercise no judicial or
legislative authority in so doing. For that purpose, it shall be the duty of the
Commission to hold an open hearing on all matters appealed to the board of
appeals in advance of the hearing by such Board. Each party to the appeal shall
be given five (5) business days' notice in writing of such hearing.
C. Statement of Controversy: It shall be the duty of the Building Official to
present a statement of the controversy being appealed to the Commission. Any
person who is a party to the appeal and any officer, department, board or bureau
of the city or county affected by the decision appealed shall have the right to be
heard before the Commission.
D. Recommendation of Commission: The Commission shall have the power to
promulgate rules and regulations governing hearings held by it under this
ordinance. At the conclusion of the hearing, the Commission shall, by a
majority vote, recommend to the Board of appeals that the action appealed from
either be sustained, reversed or reversed in part. Such recommendation shall be
advisory only and may be considered by the Board of Appeals in considering the
appeal but shall not be binding upon it.
E. Time Limit For Commission Report: Nothing herein contained shall prevent
the Board of Appeals from hearing and determining any appeal taken under
this title without having received the recommendation of the Commission, if a
report by the Commission has not been submitted to the board within forty-five
(45) days from filing of the notice of appeal as provided in subsection B of this
section.
Section17A.4 Permits
Section 17A.4.1 Permits Required
It shall be unlawful to construct, alter, repair, remove or demolish, or to commence the
construction, alteration, removal or demolition of a building or structure without first filing
with the Building Official an application in writing and obtaining a formal permit.
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Section 17A.4.2 Application for Permit
A. Submission; Form: An application for a permit shall be submitted in such form
as the Building Official may prescribe.
B. Application by Owner: Such application shall be made by the owner or lessee,
or agent of either, or the architect, engineer or builder employed in connection
with the proposed work. If such application is made by a person other than the
owner in fee, it shall be accompanied by a duly verified affidavit of the owner in
fee or the person making the application that the proposed work is authorized by
the owner in fee and that the person making the application is authorized to
make such application.
C. Contents of Application:
1. Such application shall contain the full names and addresses of the
applicant and of the owner, and, if the owner is a corporate body, of its
responsible officers.
2. Such application shall describe briefly the proposed work and shall give
such additional information as may be required by the Building Official for
an intelligent understanding of the proposed work.
3. Plans: Application for permits shall be accompanied by such drawings
and or plans of the proposed work, drawn to scale, including such floor
plans, sections, elevations and structure details as the Building Official
may require. All plans and drawings shall be stamped and signed and
certified as required by the International Building Code or other applicable
code adopted by this ordinance.
4. Plot Diagram: There shall also be filed a plot diagram in a form and
size suitable for filing permanently with the permit record, drawn to scale
with all dimensions figured, showing accurately the size and exact location
of all proposed new construction, or, in the case of demolition, of such
construction as is to be demolished, and of all existing buildings and
structures that are to remain.
5. Application Fee: At such time as Luna County establishes a permit
application fee, then such application fee, as amended from time to time
by Luna County, will be paid at the time of submission of the application.
6. Building Permit Fee: A fee shall be paid at the time of issuance of a
building permit. The fee to be paid shall be in accordance with the
schedule of fees established by Luna County from time to time.
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7. Re-lnspection Fee: Where the building official conducts a scheduled
inspection and the work to be inspected is not complete or otherwise not
ready for inspection, a re-inspection fee shall be paid by the property
owner or the contractor at the time a re-inspection is requested. The fee to
be paid shall be in accordance with the schedule of fees established by
the Luna County from time to time.
8. Fee to be Levied Where Construction begins without a permit. Where a
property owner or a contractor begins construction without benefit of a
permit, the fee to be levied in such circumstance shall be as established
by Luna County, from time to time.
Section 17A.4.3 Amendments
Nothing in this chapter shall prohibit the filing of amendments to an application or to a
plan or other record accompanying same, at any time before the completion of the work
for which the permit was sought and prior to completion of the change being sought.
Such amendment, after approval, shall be filed with and be deemed a part of the
original application.
Section 17A.4.4 Completion of Existing Buildings
Any change in construction that is not consistent with the approved plans and
specifications shall require submittal of revised plans/construction drawings and
approval of the Building Official or his/her designee. Inspections shall not be conducted
until revised plans/construction drawings are approved by the Building Official or his/her
designee.
Section 17A.4.5 Action on Application
A. Time Limit: It shall be the duty of the Building Official to examine applications
for permits, within a reasonable time after filing.
B. Approval: If, after examination, the Building Official finds no objection to the
same and it appears that the proposed work will be in compliance with the laws
and provisions of this ordinance applicable thereto, the Building Official shall
approve such application and issue a permit for the proposed work as soon as
practicable.
C. Denial: If the Building Official's examination reveals otherwise, the Building
Official will reject such application, noting the findings in a report to be attached
to the application and delivering a copy to the applicant.
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Section 17A.4.6 Approval in Part
Nothing in this chapter shall be construed to prevent the Building Official from issuing a
permit for the construction of part of a building or structure before the entire plans and
detailed statements of said building or structure have been submitted or approved, if
adequate plans and detailed statements have been found to comply with this
ordinance.
Section 17A.4.7 Conditions of Permit
A. Conformance To Plan: All work performed under a permit issued by the
Building Official shall conform to the approved application and plans and
approved amendments thereof.
B. Location: The location of all new construction as shown on the approved plot
diagram, or an approved amendment thereof, shall be strictly adhered to.
C. Change In Area: It shall be unlawful to reduce or diminish the area of a lot or
plot of which a plot diagram has been filed and has been used as the basis for a
permit, unless a revised plot diagram showing the proposed change in conditions
shall have been filed and approved, provided that this shall not apply when the
lot is reduced by reason of a street opening or widening or other public
improvement.
D. Prevention Of Windblown Waste: The provisions of City of Deming Ordinance
1144 shall apply.
Section 17A.4.8 Signature to Permit
Every permit issued by the Building Official under the provisions of this ordinance shall
have his signature affixed thereto, but this shall not prevent him from authorizing a
subordinate to affix such signature.
Section 17A.4.9 Time Limitation
A permit under which no work is commenced within one year after the date of issuance
shall expire by limitation.
Section 17A.4.10 Posting of Permits
A. A copy of the permits shall be kept on the premises open to public inspection
during the prosecution of the work and until the completion of the same.
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B. The Building Official may require a certified copy of the approved plans to be
kept on the premises at all times from the commencement of the work to the
completion thereof.
C. The Building Official shall be given at least twelve (12) hours notice of the
starting of work under a permit.
Section 17A.4.11 Revocation of Permit
The Building Official may revoke a permit of approval issued under the provisions of
this ordinance in case there has been any false statement or misrepresentation as to a
material fact in the application or plans on which the permit or approval was based.
Section 17A.4.12 Certificate of Occupancy
Subsequent to the original effective date of this ordinance, no change in the use or
character or occupancy of land, nor any change of use or character of occupancy in an
existing building other than for single-family dwelling purposes, shall be made, nor shall
any new building be occupied for any purpose until a certificate of occupancy has been
issued by the Building Official. Every certificate of occupancy shall state that the new
occupancy complies with all provisions of this ordinance.
Section 17A.4.13 Records of Certificates
A record of all certificates of occupancy shall be kept on file in the office of the
Building Official, and copies shall be furnished on request to any person having a
proprietary or tenancy interest in land or a building affected by such certificate of
occupancy.
Section 17A.5
Fire Prevention and Protection
Section 17A.5.1
International Fire Code, 2003
Subject
to
the
provisions
of
Section
17A.5.2
of
this
ordinance,
The International Fire Code, 2003, including Appendix B-Fire flow requirements for
buildings, Appendix C-Fire hydrant locations and distribution, and, Appendix D-Fire
apparatus access roads is adopted for the purpose of governing conditions hazardous
to life and property from fire, hazardous materials or explosion.
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Section 17A.5.2
Standards
Adoption of City of Deming Fire Prevention and Protection
For the purposes of this ordinance, the provisions of Section 5-2-1 of the Deming City
Code are hereby adopted. Section 5-2-1 of the Deming City Code adopts the
International Fire Code, 2003 with modifications, amendments and deletions to the
International Fire Code, 2003, as specified in Section 5-2-1.D of the Deming City Code.
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CHAPTER 18
APPEALS
Section 18.1 Establishment
A Board of Appeals is hereby established. The Board shall consist of the Authority, who
shall hear all appeals from actions taken by the administering agency or the
Commission.
Section 18.2 Meetings
Meetings of the Board shall be held at the call of the Chairman of the Authority and
at such other times as the Board may determine. All meetings of the Board shall be
open to the public. The Board shall keep minutes of its proceedings, showing the vote
of each member upon each question, or if absent or failing to vote, indicating such fact,
and shall keep records of its examination and other official actions, all of which shall be
immediately filed with Luna County and shall be a public record.
Section 18.3 Appeals
Appeals to the Board may be taken by any person aggrieved by any action taken by the
Commission or by any officer, department, board, or employee of the administering
agency under this ordinance and the joint powers agreement pertinent thereto.
Such appeals shall be taken in accordance with procedures as shall be prescribed by
the Board by resolution and in accordance with § 3-21-8, NMSA 1978 and any other
applicable statutory procedures.
An appeal stays all proceedings in furtherance of the action appealed from unless the
entity or person from whom the appeal is taken certifies to the Board that, by reason of
facts stated in the certificate, a stay would cause imminent peril to life or property. In
such case, proceedings shall not be stayed otherwise than by a restraining order which
may be granted by the Board or by a court of record on proper application.
The Board shall fix a reasonable time for the hearing of the appeal, give due notice
thereof to the parties in interest and decide the same within a reasonable time. At the
hearing, any party may appear in person or by agent or by attorney. The concurring
vote of a majority of all the members of the Board shall be required to revise or reverse
any order, decisions or requirement, which is being appealed or to otherwise decide an
appeal in favor of an appellant. A non-refundable fee of seventy-five dollars ($75.00)
shall be paid at the time the notice of appeal is filed, which fee shall assist in paying the
costs of said appeal.
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Section 18.4 Appeals Procedure
A. Notice of Appeal
1. The aggrieved party shall give written notice to the administrative
authority of the appeal and include a detailed description of the grounds
for the appeal.
2. The Notice of Appeal shall be given within 30 days of the date of the
aggrieved action.
3. The administrative authority shall forward copies of the Notice of Appeal
along with any other relevant documents to the Chairman of the Authority
within 15 days of receipt. Copies shall be provided to the Chairman of the
Commission.
B. Hearing Date
1. The Authority Chairman shall schedule a hearing to consider the
appeal within 30 days of receipt of notice from the administrative authority.
2. Notice of the hearing date shall be given to the aggrieved party by
certified mail, return receipt requested at least 20 days before the hearing
date. The day after the date of mailing shall be deemed the first day of the
twenty-day period.
3. Notice of the hearing shall also be given to the Chairman of the
Commission.
C. Conduct of Hearing
1. At the hearing, the aggrieved party, his agent or attorney, shall present
the appeal. Documentary evidence and testimony may be offered by the
party. The Chairman of the Authority shall have the absolute discretion to
limit testimony.
2. At the conclusion of the aggrieved party's presentation, the
administrative authority and the Chairman of the Commission, or either of
them, may present evidence, testimony or information pertaining to the
action being appealed.
3. At the conclusion of the presentation in paragraph C2, the aggrieved
party may present any rebuttal information or evidence.
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D. Decision.
The Authority shall render a decision on the appeal at the hearing unless the
hearing is continued for good cause. When the hearing is reconvened, the
Authority shall render a decision at that time.
Section 18.5 Powers
The Board shall have the powers set forth in § 3-21-8C, NMSA 1978, which is
incorporated herein by reference.
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CHAPTER 19
BOUNDARIES OF DISTRICTS
Section 19.1 Rules Where Uncertainty May Arise
Where uncertainty exists with respect to the boundaries of the various districts as
shown on the district map accompanying and made a part of this ordinance, the
following rules apply:
A. The district boundaries are either streets or alleys unless otherwise shown,
and where the districts designated on the district map accompanying and made a
part of this ordinance are bounded approximately by street or alley lines, the
street or alley shall be construed to be the boundary of the district.
B. Where the district boundaries are not otherwise indicated, and where the
property has been or may hereinafter be divided into blocks and lots, the district
boundaries shall be construed to be the lot lines, and where the districts
designated on the district map accompanying and made a part of these
regulations are bounded approximately by lot lines, the lot lines shall be
construed to be the boundary of the districts unless the boundaries are otherwise
indicated on the district map.
C. In unsubdivided property, the district boundary lines of the district map
accompanying and made a part of this ordinance shall be determined by use of
the scale appearing on the district map.
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CHAPTER 20
AMENDMENTS & CHANGES
Section 20.1 Amendments and Changes
This ordinance and its accompanying zoning district maps may be amended as follows:
A. The Commission, may, from time to time, and upon its own motion, or upon
petition by any person, recommend to the Authority such amendments as it
deems proper and necessary to said ordinance and/or maps.
B. Whenever the Authority shall find need for amendment to either the
ordinance or maps, they shall refer the same to the Commission, who shall
review the proposed amendment and make recommendation to the Authority
regarding adoption. Any recommendation regarding an amendment to the
ordinance shall consider the effect on water rights, if any, owned by any affected
person.
C. No such amendment shall be considered by the Commission, except at an
open public meeting, after appropriate notice to the public. Notice shall be
given by publication in a newspaper of general circulation in Luna County,
New Mexico, one time at least 15 days prior to the date of the meeting.
The notice shall include a general description of the proposed amendment to be
considered. At the conclusion of such hearing, a recommendation to adopt or
reject the proposed amendment shall be made by simple majority vote of the
members of the Commission. The recommendations of the Commission shall
be referred to the Authority within thirty (30) days.
D. Within forty-five (45) days of receipt of the recommendations by the Authority,
it shall schedule a hearing to either adopt or reject said recommended
amendments as submitted to them by the Commission, or it may return them
to the Commission for further review and consideration. The Authority shall be
empowered to make clerical or non-substantive changes to the recommendations
of the Commission prior to approving any amendments. Notice of the meeting at
which the amendments are to be considered by the Authority shall be given by
publication in a newspaper of general circulation in Luna County, New Mexico,
one time at least 15 days prior to other date of the meeting. The notice shall
include a general description of the proposed amendment to be considered.
Any time requirement set forth in this ordinance may be extended for good
cause at the discretion of the Administering Agency.
E. Wherever a change in zoning is proposed for an area of two (2) acres or less,
notice of the public hearing shall be mailed at least 15 days prior to the hearing of
the Zoning Authority (not the Zoning Commission) by certified mail, return receipt
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requested, to the owners, as shown by the records of the County Treasurer, of
parcels of land within the area proposed to be changed by a zoning regulation
and within one hundred (100) feet, excluding public right-of-way, of the area
proposed to be changed by zoning regulation. Whenever a change in zoning is
proposed for an area of more than two (2) acres, notice of the Zoning Authority's
public hearing shall be mailed by first class mail to the owners, as shown by the
records of the County Assessor, of parcels of land within the area proposed to be
changed by a zoning regulation and within one hundred (100) feet excluding
public right-of-way, of the area proposed to be changed by zoning regulation. If
the notice by first class mail to the owner is returned undelivered, the zoning
authority acting through the administering agency shall attempt to obtain the
owner's most recent address and shall remit the notice by certified mail, return
receipt requested, to the address. If the owner cannot be located, that fact shall
be stated for the record at the hearing. If the owners of twenty percent (20%) or
more of the area of the land included in the area proposed to be changed by a
zoning regulation or within one hundred (100) feet, excluding public right-of-way,
of the area proposed to be changed by a zoning regulation, protest in writing the
proposed change, the proposed change in zoning shall not become effective
unless the change is approved by the two-thirds (2/3) vote of the Authority.
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CHAPTER 21
CHANGES AND VARIANCES
Section 21.1 Request for Variance
A. Any person may petition for a variance by filing with the administering agency
a written request specifying the requested action.
B. Any request for a variance from this ordinance or an amendment to the
ordinance shall require the following fees at appropriate stages of the
consideration of his application:
C. A nonrefundable fee of fifty ($50.00) dollars to be paid with the submission of
any application for a zoning change, a zoning variance, a special use permit, or a
conditional use permit by the applicant therefore. No consideration shall be given
by the Commission to any application for any zoning change, variance or use
permits until the fee has been paid.
D. In any case in which publication is required, a nonrefundable fee of two
hundred ($200.00) dollars, is to be paid prior to any publication.
E. All fees hereunder shall be paid to the authorizing authority.
Section 21.2 Processing
All requests for variances shall be processed in the same manner as a request for an
amendment to this ordinance.
Section 21.3 Recording
All approved variances and changes by the Authority shall be recorded in the Office
of the Luna County Clerk.
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CHAPTER 22
KEEPING OF ANIMALS
(SEE ALSO TABLE "R")
Section 22.1 Definitions
A. Large Animals: horses, mules, donkeys, swine, llamas, cattle and peacocks.
B. Small Animals: goats, sheep, miniature horses and the like.
C. Very Small Animals: rabbits, poultry and fowl.
Section 22.2 Keeping of Large Animals
The following regulations are established for the keeping of large animals in all zoning
districts. The keeping of large animals within the A, A-1, CD, R, C, and D districts shall
be permitted by Special Use Permit only.
A. All lots shall have a minimum of forty-three thousand five hundred sixty
(43,560) square feet, (1) one acre, not occupied by a structure, for the keeping of
large animals.
B. Density per acre limitation for livestock is not applicable to young animals
below weaning age or six (6) months of age, whichever is less.
C. One (1) acre or more - horses, mules, donkeys, swine, llamas, bovines and
peacocks: minimum open lot area (not including dwelling unit) shall be nine
thousand (9,000) square feet for the first animal and six thousand (6,000) square
feet thereafter for each additional animal, provided and the total number of such
animals shall:
1. Not exceed a density of three (3) animals per acre on lots of two acres
and larger.
2. Mature stallions, bulls, buffalo and beefalo shall be prohibited from lots
containing less than two (2) acres. For animals not mentioned here, the
density per acre limitation shall be determined by the Planning Director
after consultation with relevant agencies.
3. No such animal shall be kept closer than thirty-five (35) feet to an
adjoining dwelling.
D. Keeping of animals shall not be permitted in the required front, side and streetside yard setbacks.
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E. No animal dwelling unit shall be kept closer than one hundred (100) feet
to any private water well or closer than two hundred (200) feet to any public
water well.
F. The keeping of large animals shall be subject to the following development
standards:
1. Corral size- every corral to be provided shall have a minimum width or
length of not less than twelve (12) feet and shall contain not less than two
hundred forty (240) square feet of area.
2. Box stall - every box stall to be provided shall have a minimum of
twelve (12) feet of length and width.
3. Fencing - fencing may be constructed of wood, chain link, masonry,
metal and materials with the structural integrity sufficient to contain
animals.
4. Shade - corrals containing less than four hundred fifty (450) square feet
of area shall have at least fifty-four (54) square feet of shade, provided by
either roof, trees or other means.
5. Water facilities - running water facilities shall be provided within fifty
(50) feet of each stall and/or corral and each animal shall have access to
fresh water.
6. Maintenance - all stall and corrals shall be continuously maintained
with preservatives, fasteners and other materials so as to maintain
appearance and prevent deterioration and animal escape.
7. Containment devices - substantial and acceptable locking or latching
devices shall be provided and installed on all gates and doors to animal
areas located thereon in such a manner so as to be inaccessible to
animals and small children. This will prevent unauthorized entry or an
animal escape.
B. Dust control - all areas used as arenas for exercising, training or
exhibition of animals shall be maintained to abate dust by dampening
(spraying water} or other acceptable means for the prevention of
detrimental and nuisance effects of dust emission to surrounding
properties.
9. Compliance with health regulations - the keeping and maintenance of
large animals, as provided for in this Section, shall comply with all
regulations and provisions of the health and sanitation laws of the New
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Mexico Environment Department and the county. All premises and
facilities, upon which animals, poultry, or fowl are permitted to be kept,
shall be maintained in a clean, orderly and sanitary condition at all times.
All manure shall be removed or spread at least once a week so as not to
constitute a nuisance and all premises and facilities shall be treated
weekly with biologically, ecologically, and environmentally approved
pesticides for the control of odors, insects and rodents which in any way
can be considered a clear and present nuisance or detriment to the health,
safety, comfort, welfare, peace and/or tranquility of the general public.
Section 22.3 Keeping of Small and Very Small Animals
The following regulations are established for the keeping of small animals such as
goats, sheep, miniature horses and very small animals such as rabbits, poultry, and fowl
in the A, A-1, CD, R, C, and D zoning districts. For animals not listed here, the density
per acre limitations shall be determined by the Planning Director after consultation with
relevant agencies.
A. The following Is the minimum area required and the maximum density of very
small animals allowed on a single lot.
a. Multiply the size of the lot or parcel, expressed numerically in acres
carried to two decimal places, by a factor of eighty (80) (example: 2.5
acres times 80 = 200 very small animals).
B. Small animals - minimum area of open lot area (not including front and side
setbacks or Dwelling unit) shall be two thousand (2,000 square feet for each
small animals, providing that the total number of animals does not exceed the
number calculated by this formula:
a. Multiply the size of the lot or parcel, expressed numerically in acres
carried to two decimal places, by a factor of eight (8) (example: 0.65 acres
times 8 equals 5.2, or 5 small animals)
C. No such animal shall be kept closer than thirty-five (35) feet to an adjoining
dwelling.
D. Keeping of such animals shall not be permitted in the required front, side and
street-side yard setbacks.
E. All small animals shall be provides with adequate enclosures to contain them
within the yard setbacks.
F. No animal dwelling unit shall be kept closer than one hundred (100) feet to a
private water well or two hundred (200) feet from a public water well.
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G. All premises and facilities upon which animals, poultry or fowl are permitted to
be kept shall be maintained in a clean, orderly and sanitary condition at all
times. All manure shall be removed or spread at least once each week so
a not to constitute a nuisance. All premises and facilities shall be treated
weekly with biologically, ecologically and environmentally approved pesticides
for the control of odors, insects and rodents which in any way can be
considered a clear and present nuisance or detriment to the health, safety,
comfort, welfare, peace and/or tranquility of the general public.
H. The keeping and maintenance of small animals, as provided for in
this Section, shall comply with all regulations and provisions of the Health and
Sanitation laws of the State Environmental Improvement Division and
the County.
Section
Animals
22.4
Domestic
In B and B1 zoning districts, only small domestic animals (household pets), such as
dogs, cats or birds may be kept as per county ordinances. In all other zoning districts,
domestic animals are allowed as per county ordinance.
Section 22.5 Table “R"
Table "R" is hereby incorporated in this ordinance by
reference.
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CHAPTER 23
ENFORCEMENT, LEGAL PROCEDURE AND PENALTIES
Section 23.1 Enforcement
It shall be the duty of the Administering Agency to enforce these zoning provisions. All
matters pertaining to the application, interpretation or enforcement of these provisions
shall be referred to the Administering Authority Code Enforcement Department for
appropriate action. Any action, requiring the use of police powers, shall be discharged
by the law enforcement department having jurisdiction in the area involved.
Section 23.2 Penalty
In addition to civil enforcement remedies, any person violating this ordinance shall be
subject to the criminal penalties under NMSA 1978 § 3-17-1C(1).
Section 23.3 Legal Procedure
In the event of any violation of this ordinance, the Authority acting through the
Administering Agency may institute any appropriate action or proceedings as specified
in § 3-21-10 NMSA 1978, at law or in equity necessary to enforce its terms.
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CHAPTER 24
FLOOD PLAIN HAZARD AREAS
Section 24.1 Regulations
Luna County has properly enacted a Flood Plain Ordinance, which provides for the
regulation and management of a designated flood plain hazard area within the
County and is incorporated by reference. This ordinance has been enacted to
enable the lands within the designated areas to be eligible in the National Flood
Insurance Program, in compliance with Section 1910.3(8) of the Federal Insurance
Administration regulations, which are applicable to communities for which Flood
Hazard Boundary Maps have been published.
Certain portions of the lands within the jurisdiction for zoning of the Authority are
within areas designated as flood plain hazard areas on said maps.
Regardless of any land use plans, zones or restrictions placed on said flood plain
hazard areas by this ordinance, the regulations for zoning and/or management of
said flood prone areas as set out by the flood plain ordinance for that purpose by
Luna County, shall have precedence and shall be followed in all respects.
Penalties for the violation of this Section shall be set out in said Luna County
ordinance for the regulation and management of said designated flood plain
hazard areas within this jurisdiction.
Section 24.2 Area
The area covered by this section shall be that as is determined from time to time
and shown on the official Flood Hazard Boundary Maps, and subsequent revisions,
which are hereby incorporated in this ordinance by reference.
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